ORD 23-952 - Relating to Various Amendments to Title 1911 Oki 11 NEWS =aS-j1%SRW
AN ORDINANCE of the City of Federal M%y-f-4Tashington, relating
to various amendments to Title 19 (Zoning and Development);
amending FWRC 19.05.130 Definitions; repealing FWRC 19.275.070;
and adding new sections 19.210.080, 19.215.160, 19.220.150,
19.225.150, 19.230.170, 19.235.130, and 19.240.190; and adding a new
Chapter 19.290 FWRC including sections 19.290.010, 19.290.020,
19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.070, 19.290.080
(Amending Ordinance Nos. 94-209, 97-291, 09-593, 09-610, 12-716, 15-
797, 18-844, 18-850, 22-932)
order to conforrn to state and federal law, codify administrative practices, clarify and updatc
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calibrated to the varied ways that food trucks and other mobile vendors operate compared is
Ordinance No. 23-952 Page 1 q1'22
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FWRC Title 19, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
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issued for the proposed various code amendments on September 16, 2022. Three public
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of Federal Way considered these code amendments on February 6, 2023, and recommendeli-
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NOW, THEREFORE, THE CITY COUNCIL OFT CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Finding. The City Council of the City of Federal Way makes the following
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,a) The recitals set forth above are hereby adopted and restated as findings of facZ
Ordinance No. 23-952 Page 2 qj'22
(b) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by ensuring conformance with state law, protecting public health
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(c) These code amendments comply with Chapter 36.70A RCW, Growth
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(d) These code amendments are consistent with the intent and purpose of their
respective titles under FWRC and will implement and are consistent with the applicable
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,e) These code amendments •e • substantial relationship to, and will protect and
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Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary fir
(a) The proposed FWRC amendments are consistent with, and substantialic
Ordinance No. 23-952 Page 3 of 22
Efimrsim
EDP10- Continue to implement a streamlined permitting process consistent with state
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processes for mobile vendors and ensure that all mobile vendors are subject to and reviewed for
the same minimum code requirements. They also establish performance standards that are
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(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they will increase, the consistency with which mobil(.!
vendors are permitted; reduce the likelihood that mobile vendors will operate in Federal Way
without knowing or being su MRR��
Ordinance No. 23-952 Page 4 of22
FWRC 19.05.130 is hereby amended • follows:
19.05.130 M definitions.
stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes
or routes that run on high occupancy vehicle • or stops for • bus or other transit mode
[�roviding actual fixed route service at intervals of at least 15 minutes for at least five hours
during the peak hours of operation on weekdays.
"Manufactured home " means a factory -built structure transportable in one or more sections
which is built on a permanent chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilities. A manufactured home shall be built to comply
with the National Manufactured Home Construction - and Safety Standards Act of 1974
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"Manufacturing and production " means the mechanical or chemical transformation of materials
or substances into new products, including the assembling of component parts, the creation of
products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing
and production is divided into the following categories:
P
Ordinance No. 23-952 Page 5 of22
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or domestic mechanical equipment, limited number of employees, limited sales volume, limited
truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious
retail storefront with a public entrance that is in scale with the overall building and oriented t*
the right-of-way. This category includes uses such as ceramic studios; candle -making shops;
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orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances.such
as bridges, dentures, and crowns; production of goods from finished materials such as wood,
metal, paper, glass, leather, and textiles; and production of specialized food products such as
that may be covered with materials which will not allow for the percolation of water into the
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. ArrrR
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"Micro -brewery, " "micro -distillery, " or "micro -winery " means a small-scale "brewery" limita
Ordinance No. 23-952 Page 6 of 22
limited to production of less than 7,600 nine -liter cases per year (65,000 liters), or small-scale
"Minor facility" means a wireless communication facility consisting of up to three antennal
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A minor facility includes any associated equipment cabinet that is six feet or less in height and
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prituarily selling goods, food or beverages, which is readily moveable either througLt self -
propulsion or via towing b y� vehicleand ope �tes on 4 reviosly existing improved property
Mobile food or retail vendors do not include mobile or temporary health services. There are the
following three es es oaf food or retail vendors:
EsTAMUH
on .a :particular i .roved ro e for no .more than a sin le da�eac ..calendar month and no
more than 15 hours dLiriflg that dah.
s a mobile food or retail vendor that does not
qualify as a Class I mobile food or retail vendor and operates on a particular improved property
Ordinance No. 23-952 Page 7 qI'22
pp -a p.articular jmproved 3 e t but does not otherwise qu_
Egp alif as either a Class I or 11 mobile
food or retail vendor,
U health services "' nicans -i Mobile or le UpV(Q?1M=, _-Env in(gor, vehicle or non-vermanent structure
used to provide health care services.
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space for waterborne pleasure craft.
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use(s), and each upper floor area, excluding any storage, mechanical, and other similar
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"Multi -tenant complex" means a complex containing two or more uses or businesses.
common name or management; or a single building containing multiple uses where there are
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"Mural" means a design or representation that is painted or drawn on the exterior surface of a
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Ordinance No. 23-952 Page 8 of 22
horticultural products such as vegetable, fruit or flower stands; farmers' markets; community
i-estivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or
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and similar uses of a temporary or transitory nature or fixed duration as determined by th(l
director.
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of a nonprofit social services nature, includin lmmfflll��
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Seefion 5. FWRC • is hereby repealed in its entirety.
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SPECIAL REGULATIONS
AND NOTES
Ordinance No, 23-952 Page 9 qf22
Section 7. A new section 19.215.060 is hereby added to Chapter 19.215 of the Federal
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The, following uses shall be perixi1tted in the neighbodiood, business (BN BN_))�zoiie sub i ect to the
Ordinance No. 23-952 Page 10 of22
hsarratheraralrarattttre�n%ea Frstt ar Sr�g,an
1'rc t ss l ➢;,; �11 ,am I r Ar )descritvc.�l m IrarbiL, * 1t A s, sec L kb a�atcr�l,r) l_3 }
C"It isEer @ .5 ' hritt ": FWRSC:
�laa�ater ir) t�ia Ft��'F�C`r;
Chapter 19,65 F%VRC.
�'����rd�f 9 7{� Fih���ti' ra:sFee9i�'iv. 1'dror r�+;i,tz6�: rti�elai�i �� �� eti�u�rt t6ti;
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l�aar dctttrt4 rra$narrdinr? r�aptrirs.tt t:tr�cl4„ sad
F RC I 12; I (L0 sera.
Section 8. A new section 19.220.150 is hereby added to Chapter '19.220 of the Feeral
Way Revised Code to read as follows:
19.220.150 Mobile food or retail vendors.
The following uses shall be permitted in the comtnusiity bushiess (BC) zone subject to the
Fell, lations and notes set forth in this section::
USE ZONE CHART
read slowu to End ust:. 1-1 iGl , ,rc;rt ;s for REtai.Ii ,ATIONS
ZONE
Iaaired yards
Rtigth8 r'i°d I .
Park111'.",
Reed€rmd
p
USE REGULATIONS "'R—ev"e---w R.Ot
PrOC-SS Size
Mobile Food or Retail I Use None 5 ft 15 ft
i rra�ferr_f 9 rti fl..�, process i
or with
:See note I SEPA
Oi-dinaaaee No. 23-952
I or r,tlie r irriirrmrrtirrora alacit:a tirkiz�„t .rt�d
parking are :cc Ch:mwr !ad 130
FWRC.
iearJ w rlawfa tI7�rve scedtl�a
Fags 11 g1'22
NOWMINUFS M,
height limit, see FWRC 19.110.050 et
seg
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regulations and notes set forth in this section:
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Ordinance No. 23-952 Page 12 of22
19.230.170 Mobile food or retail vendors.
The following uses shall be perinitted in the city center franc e (CC-F) zone subject to the
regulations and notes set forth in, this section:
Minimums
USE REGULATIONS
E-e—vew
Process
i Lot
i -
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I 7-'j jde
Size, Front #dearitructure
Mobile Food or Retail
Use
Process
Ngne S5 ft 5 5 ft
I5 0
Vendor. Mss III
or with
See note L
SEA
I I
Use
Process
Ili
ZONE �
CC-F
For gaffer inftmniniori gbout Ciark-ingg and
_Prou-siAl lfland lViarcdcsgrihea _jm
01:1LIter I q, 130
QUA
ENV —RG
Cbwa ne.LN) ALEW KC
Qigp 1, �r J9 70
For details Or
t I
kJJ,-,t0k —�eu BC
5�_
EL)�_&gjjjs regarding, ruguived vgds sec
FWR(,j 0 1!:,, 1 off o ,CC
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Section 11. A new section 19.235.130 is hereby added to Chapter 19.235 of the Federal
Way Revised Code to read as follows:
19.235.130 Mobile food or retail vendors.
The following uses shall be permitted in the office park (OP) zone subject to the regulations and
notes set forth in this section:
Ordh7ance No. 23-952 Page 13 qf 22
USE ZONE CHART
DfRF('T[0N1S,, rIRST rL. tj q vn lo,8l7cfi ttse , THEN. across
for REGULATIONS
Minimums
Remiretl: Rctsrirc ri Y' arils
Rer atirrl
ReVIeW f
USE REGULATIONS - °� Lot D11]aS Df
Val ki31Lw:
... ;,„�„
Process Side
Size tile ,Structure
1Front Rear
each
SPECIAL REGULATIONS
NOTES
Mobile Food or Retail Use Rhone 5 R 5 ft Sift 15 ft
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1. Class III mobile food or re,
V oldor. Class III; Process I
tirsrt ace the itr'ita :irx l a st kL�..I
or with
anst bicet to redlB9trl;ni4kal'+ t',t
table rn tefdtCrnn to C tjLr
See note l SEPA
Use
FWR,.lasc III mobile trio(
Process
,errocitar tir at arc lartt ilrerira
III
,a vroncrty are not subiect tail
requirements of fl ks east: latish
"['pS.MrA to DiNYK t J�WK ,
la€
ha is r 19,65 F44 Rt.'
Chap eLt 9,70 FGVRC rtmecilyeit: Fstr deoll": r f %flial may tLxIgg�(� ifilts
height Bail, sec'FWRC 19,11 (I 05c9ot.
Se-C _
For detnit.s re arr inn rec uiredyards. sce,
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Section 12. A new section 19.240.190 is hereby added to Chapter 19.20 of the Federal
Way Revised Code to read as follows:
19.240.190 o it food or retailors.
The folloin uses shall be permitted in the commercial ante rise CE zone sect to the
regulations and notes se
t forth in this section:
Ordinance No. 23-952 Page 14 of 22
table inauhh(t LqLL kLClippwr 0 290
FWRC. Class III mobile food or retai
122 2.0-FEW)UR-Q- ..
For other Information 1h!!,qj)adung ggd
nadgBgargg sue I �Iwlcr 19-�130
FWRC,
For details orw[rat may exceed lhis
heiaht I imit, we FWRC 19, 1 10,05f) et
Section 13. A new Chapter 19.290, "Mobile Food and Retail Vendors," and sections
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19.290.010 PurUose.
The g4rposq of this chapter is to allow the sale of goods. food. and/or bevery v es from molile
food or retail vendors in a manner that is safe and cone )aline with surrounding uses, consisten
with all relevant city , maintains or er�jances the p
codes and policies _,edestri
Drovides consistency*. predictability, and site --flexibility for iiiobile food or retail vendors.
19.290.020 Applicability — relationship with other chapters.
11) This chapter establishes
I _K�� �Iatigns that govern mobile vending in the city includin the sal*
of go s,,, -.yroducts. food, and/or beverages from mobile food or retail vendors on public or
private p cable to all
mobile food or retail vendors in the c1tv.
Oi-dinance No. 23-952 Page 15 qf22
C o ile food or retail vendors regulated under this chapter shall not be subject to regulation
under Chapter 19,275 F EC, TempoT�my—u-es. IL Ic,.LJN—jties ex firom i:egglgiontincler
FWRC 19.290.0330 tilay be subject to regulation Linder Chapter 19."'Ns FWRC, Tel-111-,wary Uses,
'(3) Additional regulations may ay to mobile food or retail vendors -omgwg--M�u iic
property through a sp
19.290.030 Specific activities exempt from regulation.
The following activities. -while potentially constituting mobile food or retail vendors, are exempt
fto—IR teoul ation. under this chapter. Such activities may be subject to rein nlations l()Lmd elsewhere
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(2) Mobile newspaper couriers.
CILMobil e lemonade stands.
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(5) Delivery services where the foods, goods. or products are delivered via mobile vellicle to the
customer's location-, including, but not limited to. application -based online and on -demand food
deliver services.
(6) Similar uses to mobile food or retail vendors that seek to overate ofljjnimproved rop R- -�gAy
tD SilnilaL Uses to mobile trod or retail vendors that seek to imps-ove or develop unimproved
a) ON m -Ig• - 0 a
Ordinance No. 23-952 Page 16 of 22
"The director shall have the authorit to adman trati �Lq ly aflgNy �16E_&, art u�rgsfro�mthe, �nunie�jc
provisions contained in these regulations, provided fliat:
(F) The variance request meets all criteria in FWRC 19.45.030,,,
Q)-Any variation is o ore than 25 percent: and
(3) The end result is consistent with the purpose of this chapter.
19.290.050 Permitted locations.
LL) Class I mobile food or retail vendors are allowed to operate in atly zort.
(2) Class 11 mobile food or retail vendors are allowed in all zones in the city except for properties
in sin gLe-fariq it y zones with a current principal use of sin le-famil .
(3) Class III mobile food or retail vendors which are accessory to an established use on the
pEOpert are allowed in all es zonin the in ties single-fanii1v zones with a
,
current principal use of single-family.
f4)Qlass III mobile food or retail vendors which are the principll use on the Tro2erty are
allowed in all nonresidential zones in the city,
_),Nlobile food or retail vendors are allowed to operate on amLpn?ljLc r
-r-ig-l't -of ways in the Citv-L)r
city -owned property so long as the mobile food or retail vendor obtains any applicable permit
IMilip I limitations
gd, by the Public Works and/or Police Department,. Additional firn'tations or allowances
may be included as part of such peimit.
19.290.060 Review classifications and roccsses
(1) Business regriso-ation myttired. All mobile food or retail vendors regulated under this Ilia titer
shall obtain a business - re istration with the city and c9mplete a supplemental checklist at the
time of registration attesting to understanding of, and future compliance with, the mobile food or
Ordinance No. 23-952 Page 17 of 22
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obtain a mobile food or retail vendor pennit,pLirsuant �toFWRC 19.290.080. In addition to the
business registration Kre �Lfirqment under FWRC 19.290-060, class Ill mobile food or retail
vendors which are the principal use on the property shall obtain, aproyij under the use process
indicated in the use chart for the applicable zone.
19.290.070 Regulations a plicable to mobile food or retail vendors.
11i r.Psymne i
(1) CompbLwith all revisions of the supplemental checklist,
(2) Comply with the provisions of FWRC 19.290.050.
Mondav thru Sunday. e
may be granted under special event pe its or right-of-av use permits.
4 Restore the szte area oc ulaiecl by the mobile food or retail vendor to the or iraA gal better
condition upon removal of the vending unit.
f5lProvi(je at least one garbage m-id recycling container for customers.
(6) Operate only on ajLjsi or, paved surface; unless otherwise approved through a special
event permit.
Ordinance No. 23-952 Page 18 of 22
Iffissm
include btrt not limited to c0111leting
limited to _L0-n—I _�
I MIRMITISM
(a) Operate on an unimproved property,
(b) Operate within 5ft froin any property line, unless located on a public riglit-of-way;
Lcl ObstrueLt..M. drive aisles or inamss/e re within the site;
(d) Obstruct a sidewalk, bicycle lane, or other pedestrian, way.-,
(f)'Impede ADA access-,
(gLLmpedq_l'jrc hydrant or fire lane access-,
(10 Operate on any private or public property without pennission of the property owner(s),
Li)_ Serve as a drive -through facility for vehicles;
j_
(1) Operate in a deli hated loadi-na one
Lk,),, Remove the mobile food or retail vending unit from its w1leels. or
(1) Use or remove code -required oarkina waces for principal site uses.
I i IMILIAMMEllum
pb Laitj a permit in accordance with this section.
(1) Decisioninciker. The director shall be the decisioni-nak-er for mobile food or retail vendor
OWWW"ll 171161i"m IfIrITS•MUSEUM
Ordinance No, 23-952 Page 19 of 22
C2) _Decision criteria. The director may approve the mobile food or retail vendor permit on-N—if
�LL.ILLL21jLe,,Vendin� activitv shall not be detrimental jo the plIblk healthsakty�d
general welfare;
(b) The mobile vendor shall not adversely affect adjacent pIggg-rdes,
c) The oile vendor can e adequately server] y public facilities and street capacities
without placing an undue burden on such facilities and streets
0 The avhjjOfi• is conmbiant with all relevant city codes and policies and ft
Is - 1-111— --- — mammumum
sufficient size to accommodate the mobile vendor.
(3) Applietylion. Mobile food or retail vendor permit applications shall be completed on a form
provided by the Commmity Development Department. _ficqfiqp material shall include. at a
minimum. the followiM
161—M irmi i " =, •
(c) Proof of the mobile food or retail vendinf_-, vehije7s of
Aas -hinato 1-1 k 'Lipp-, ic a —W e -
(d) Specifications of the mobile food or retail vgnding um, e unit ip inim� cl�udin . �qtq m� _jh_
I e) Site plan showing the proposed location of the mobile food or retail yeiidolfs operations
Ordinance No. 23-952 Page 20 (?1'22
(D For mobile food or retail vendors that sell food �r beverages. commonly called "fooO
lip
the application will be routed to apy a )ficable departments and agencies for review.
(5) Permit duration. Permit qpprovals are permanent u nthl and unless the city receives
notification that there has been a renewaL or _change� reqAggeo to the vendor's business
registration and_git endorsement.
Scycrability. The provisions of this ordinance are declared separate arim
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
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Section 15. Coritetions. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
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Section 16. k4fficatiog. Any act consistent with the authority and prior to the effective
and publication as provided by law.
Ordinance No. 23-952 Page 21 qf 22
llllli ii i lip l��
JHN' CO't)]Rr-NEY, CMC, CITY CLERK
L
J/ (I�YAN CALL, CITY AT E
FILED WITH THE CITY CLERK: 02/15/2023
PASSED BY THE CITY COUNCIL: 03/07/2023
PUBLISHED: 03/10/2023
EFFECTIVE DATE: 03/15/2023
ORDINANCE NO.: 23-952
Ordinance No. 23-952 Page 22 of22