RES 20-790 - Allowing Shared Parking for Outdoor Restaurant Activity (Temp) RESOLUTION NO. 20-790
A RESOLUTION of the City of Federal Way,Washington,temporarily
allowing shared parking for outdoor restaurant activity.
WHEREAS,the outbreak of the novel coronavirus(COVID-19)and its rapid progression in
Washington state continues to threaten the life and health of its people as well as the economy of the
state; and
WHEREAS, on February 29, 2020,the Governor of the State of Washington proclaimed a
State of Emergency due to COVID-19; and
WHEREAS,on March 9,2020,Mayor Ferrell issued a Proclamation of Emergency No.20-
01 in response to COVID-19; and
WHEREAS,on March 11,2020,the Governor issued Proclamation 20-08,which found that
COVID-19 spreads easily from person to person and may result in serious illness or death, and
continues to spread in the state with cases expected to double every five to seven days,without any
expectation to end soon; and
WHEREAS, on March 11, 2020, the Centers for Disease Control and Prevention (CDC)
issued CDCs Recommendations for the next 30 days of Mitigation Strategies for Seattle-King,
Pierce, and Snohomish Counties based on current situation with widespread COVID-19
transmission and affected health care facilities, which recommends "extensive community
mitigation activities" to slow the spread of, and minimize morbidity and mortality caused by
COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency due to the COVID-19 pandemic; and
Resolution No. 20-790 Page I of 4
WHEREAS, on March 23, 2020, the Governor issued an order to require every
Washingtonian to stay home and, banned all gatherings for social, spiritual, and recreational
purposes, and close all businesses; and
WHEREAS,on May 29,2020,the Governor announced variance to the stay at home rule to
permit,with limitations,some activities,including outdoor restaurants,to provide food to the public
to be consumed on the premises under strict limitations; and
WHEREAS, the local restaurant community is suffering unprecedented hardship due to
closures, loss of supply, and reduced patronage due to the Governor's stay-at-home order, and
allowing restaurants to serve food outside the restaurant building can mitigate this hardship to some
extent; and
WHEREAS, some restaurants can provide outdoor meal service if allowed to use parking
areas normally required under the city code to be repurposed as outdoor dining areas; and
WHEREAS, City parking requirements do not allow businesses to share required parking
spaces with other businesses,thereby,limiting the amount of parking space that can be converted to
use for outdoor restaurant seating; and
WHEREAS,the City Council seeks to mitigate some of the economic impacts to restaurants
by making a temporary change to the Federal Way Revised Code to t relieve such shared parking
restrictions to increase available space for outdoor seating of customers during this emergency.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1.Due to the ongoing national health emergency caused by the COVID-19 outbreak,
and consistent with the Governor's limited variance towards re-opening businesses and subject to
Resolution No. 20-790 Page 2 of 4
any private contractual obligations that may exist with a landowner, the City hereby suspends
enforcement of off-street parking requirements of Federal Way Revised Code 19.130.120 until
January 1, 2021, during which time restaurants may use parking spaces immediately and directly
adjacent to their place of business to expand serving areas for patrons seated at safe social distances
during COVID-19 restrictions. Such use of parking spaces shall not expand into internal traffic
circulation areas so as to impede the safe passage of vehicular, bicycle, and pedestrian traffic.
Sec(io112. Severability..If any section,sentence,clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
S Toon 3. Cor rectimrrrrs. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
S ctipri I Roti icatioii.Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5.Effective Date. This resolution is necessary to respond to an ongoing emergency
and shall be effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 2nd day of June, 2020.
[signatures to follow]
Resolution No. 20-790 Page 3 of 4
CITY OF FEDERAL WAY:
,II R ELL, MAYOR
ATTEST:
S 114ANIECOURTNEY, �I CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 06/02/2020
PASSED BY THE CITY COUNCIL. 06/02/2020
RESOLUTION NO.: 20-790
Resolution No. 20-790 Page 4 of 4