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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/25/2014 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director \17 KENT Charlene Anderson, AICP, Manager w"111'".T." Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD WORKSHOP AUGUST 25, 2014 7:00 P.M. LUPB MEMBERS: Jack Ottini, Chair; Randall Smith, Vice Chair; Frank Cornelius, Navdeep Gill, Alan Gray, Katherine Jones, and Barbara Phillips CITY STAFF: Charlene Anderson, AICP, Planning Manager; Shawn Gilbertson, Environmental Engineer; David Galazin, Assistant City Attorney This is to notify you that the Land Use and Planning Board will hold a Workshop on MONDAY, AUGUST 25, 2014. The workshop will be held in Kent City Hall, City Council Chambers, 220 Fourth Avenue S, Kent, WA at 7:00 P.M. No public testimony is taken at workshops, although the public is welcome to attend. The workshop agenda will include the following item(s): 1. Illicit Discharge Detection and Elimination Code Amendments rZCA-2014-41 (Shawn Gilbertson) Discussion to consider amendments to KCC 7.14 that prohibit illicit discharges into the City's Municipal Separate Storm Sewer System. 2. Comprehensive Plan Update—Kent Profile and Vision [CPA-2011-3] (Charlene Anderson) Discussion to consider the first section of the Comprehensive Plan entitled Kent Profile and Vision. You may access the City's website for documents pertaining to the Land Use and Planning Board at: htti):Ilkentwa.ic7m2.com/citizensIDefau/Last)x?Det)artmentlD=1004. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 or call the City of Kent Planning Division directly at (253) 856-5499 (TDD) or the main line at(253) 856-5454. 1 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES T Charlene Anderson, AICP, Manager KEN WASH ieGroe Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 August 20, 2014 TO: Chair Jack Ottini and Land Use and Planning Board Members FROM: Shawn Gilbertson, NPDES Coordinator RE: Illicit Discharge Detection and Elimination Code Amendments (ZCA-2014-4) For August 251h LUPB Workshop SUMMARY: The Kent City Code was amended in 2009 to meet the requirements of the Western Washington Phase II Municipal Stormwater Permit (Phase II Permit). The code (KCC 7.14) prohibits illicit discharges into the City's Municipal Separate Storm Sewer System (Stormwater System) and provides for escalating enforcement procedures for violations. The proposed code amendments establish penalty provisions that apply should an individual violate the illicit stormwater discharge code provisions, clarify existing code provisions, and make other changes consistent with federal law. The code meets the requirements of the Phase II Permit, helps preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. BACKGROUND: The Federal Clean Water Act of 1972 required the establishment of the National Pollutant Discharge Elimination System (NPDES) to regulate discharges to waters under the jurisdiction of the United States. The United States Environmental Protection Agency administers the NPDES program, but has delegated administrative authority to the Washington State Department of Ecology. The Washington State Department of Ecology issued the Phase II Permit on January 17, 2007 for cities in urban areas with populations less than 100,000. The Phase II Permit is intended to reduce sources of pollution common to urbanized areas. These include pollutants such as fluids and metals from cars, fertilizers and pesticides from yard care, soaps from car washes, and pet waste. Construction site discharges and operation and maintenance of the stormwater system are also regulated under the Permit. The City of Kent was granted coverage under the Phase II Permit effective February 16, 2007. Under the Phase II permit, the City is required to have an Illicit Discharge Detection and Elimination (IDDE) program which includes "an ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illegal discharges, and dumping into the municipal separate storm sewer system to the maximum extent allowable under State and Federal Law". The attached ordinance reflects minor amendments to the existing code. The SEPA Responsible Official has determined that the proposed code amendments are procedural in nature and no further SEPA review is required. G SG:pm P:\P1anning\LUPB\2014\Meedng Documents\8-25-14\082514Wrkshp1DDEMemo.doc LUPB Workshop August 25, 2014 2 3 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 7.14 of the Kent City Code, entitled "Illicit Discharges," to establish penalty provisions that apply should an individual violate the illicit stormwater discharge code provisions, to clarify existing code provisions, and to make other changes consistent with federal law. RECITALS A. Through its adoption of Ordinance No. 3916 on June 2, 2009, the Kent City Council established an illicit discharge detection and elimination program related to the City's stormwater system. This program is required as part of the City's coverage under the National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II Municipal Stormwater Permit administered by the Washington State Department of Ecology. The purpose of the program is to establish a regulatory mechanism that allows the City to effectively prohibit non- stormwater, illegal discharges, and dumping into the municipal separate storm sewer system. B. When Ordinance No. 3916 was adopted, it enacted a violation and enforcement provision that was codified at Kent City Code (KCC) 1 Illicit Stormwater Discharges- Ch. 7.14 KCC 4 section 7.14.150. As currently enacted, KCC 7.14.150 provides that in the event a violation occurs, the City may pursue code enforcement proceedings through Ch. 1.04 KCC. This enforcement provision is different in form from other violation provisions within the Kent City Code that provide for either a civil code enforcement proceeding, or in the alternative, the filing of criminal charges. This departure appears to have been a drafting oversight and not a deliberate decision by staff or the City Council. C. Relying on the enforcement provisions contained in Ch. 1.04 KCC, however, is not effective in every situation. That code chapter relates to ongoing violations and establishes procedures through which the City may seek to stop a violation and obtain an order requiring the property owner or occupant to clean up the property. However, Ch. 1.04 KCC does not grant the City the authority to file criminal charges unless a repeat violation occurs or the person responsible for the violation fails to clean up the property after being ordered by the Hearing Examiner to do so. In some situations, a violator's conduct is so egregious that criminal charges are warranted, even if the violator has remedied the violation or cleaned up the property. D. Amending KCC 7.14.150 to allow the City to file either civil code enforcement proceedings or criminal charges will also make this code section consistent with similar Kent City Code provisions, for example: KCC 6.07.210 regarding violations of the City's Street Use Permit provisions, KCC 7.03.110 regarding violations of the City's Solid Waste Collection provisions, KCC 7.05.210 regarding violations of the City's Storm and Surface Water Utility provisions, KCC 8.01.050 regarding violations of the City's Public Nuisance provisions, and KCC 8.04.190 regarding violations to the City's Litter Control provisions. 2 Illicit Stormwater Discharges- Ch. 7.14 KCC 5 E. Because the enforcement provisions are currently being revised, it is also appropriate to make further housekeeping changes to clarify the intent or purpose of some code provisions, while revising others to make them consistent with recent changes to federal law. F. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed Kent City Code amendments are procedural in nature, and further SEPA analysis is not required for these local code amendments. A draft version of this ordinance was submitted to the Washington State Department of Commerce for expedited review on , 2014. The ordinance was considered by the City Land Use and Planning Board after a duly noticed public hearing on , 2014. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 7.14 of the Kent City Code, entitled "Illicit Discharges," is amended as follows: Sec. 7.14.010. Purpose. The purpose of this chapter is to prevent pollutants and nonstormwater from entering the city of Kent municipal separate storm sewer system (the "MS4") and waters of the state to the maximum extent practicable as required by federal and state law. This chapter establishes the minimum methods required for controlling the -` - ' -` -- -` pollutants and-preventing-the ir entry into the MS4 and waters of the state �R-e to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are: 3 Illicit Stormwater Discharges- Ch. 7.14 KCC 6 A. To regulate the contribution of pollutants to the MS4 and waters of the state; B. To prohibit illicit connections and discharges to the MS4 and waters of the state; C. To establish inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter; affd D. To mitigate impacts to water quality as a result of increased runoff due to urbanization, correct or mitigate existing water quality problems related to stormwater, and to help restore and maintain the chemical, physical, and biological integrity of the city's waters for the protection of beneficial uses, including salmonid habitat and aquifer recharge° and- E. To establish the reasonable use of best management practices (BMPs) to prevent pollutants and nonstormwater from entering the MS4 and waters of the state. Sec. 7.14.020. Definitions. As used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is plainly required. A. Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4 or waters of the state.te StOFngwateF, . BMPs also include treatment practices, structural methods and operating procedures, and practices to control site 4 Illicit Stormwater Discharges- Ch. 7.14 KCC 7 runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs are determined by reference to standard industry practice or a��licable state county and local government design and pollution prevention manuals. B. Clean Water Act (CWA) means the federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), and any subsequent amendments thereto. C. Construction activity means land-disturbing operations including clearing, grading,F or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. D. Director means the city of Kent public works director or his or her designee. E. Groundwater means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. F. Hazardous material means any material; including any substance, waste, or combination thereof; which because of its quantity, concentration, or physical, chemical, or infectious characteristics; may cause or significantly contribute to a substantial present or potential hazard to human, health, safety, property, or the environment; when improperly treated, stored, transported, disposed of, or otherwise managed. G. Hyperchlorinated means water that contains more than ten (10) mg/liter chlorine. Disinfection of water mains and appurtenances requires a chlorine residual of ten (10) mg/liter at the end of the disinfection period. 5 Illicit Stormwater Discharges- Ch. 7.14 KCC 8 Hl. Illicit connections means any conveyance that is connected to the MS4 or waters of the state without a permit, excluding roof drains and foundation drains. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that --- eeigige , diFectly to the PIS4. Illicit connections allow an illicit ,,isch. Fge to enteF the ", S4 and include, but are not limited to, any conveyances that c-h-allow any nonstormwater discharge, including sewage, process wastewater, and wash water, to enter the MS4 or waters of the state; any connections t& `"�Tfrom indoor drains and sinks, regardless of whether such drain or connection was previously allowed, , or approved by an authorized enforcement agency; or any drain or conveyance connected from a commercial or industrial land use to the steFFA dFai19 systeFn MS4 or waters of the state that has not been documented in plans, maps, or equivalent records and approved by the city or another agency of government duly authorized to give such approvals. IF4. Illicit discharge means any direct or indirect nonstormwater discharge. not expressly allowed by this code�to the MS4, waters of the state, or any other location within the city where the discharae has a reasonable likelihood of beina washed into the MS4 or waters of the state- J. Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14). K. Municipal separate storm sewer system (MS4) means a conveyance, or system of conveyances; including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, flow controls, treatment facilities, or storm drains: 6 Illicit Stormwater Discharges- Ch. 7.14 KCC 9 1. Owned or operated by a state, city, town, county, district, port, or other public body created by or pursuant to state law having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the state; 2. Designed or used for collecting or conveying stormwater; 3. That k h-is not a combined sewer; and 4. That is not part of a publicly owned treatment works ("POTW") as defined at 40 CFR 122.2. L. National Pollutant Discharge Elimination System (NPDES) means the national proaram for issuina, modifyina, revokina, reissuina, terminatina, monitorina, and enforcing permits;7 and imposing and enforcing pretreatment requirements•- under sections 307, 402, 318, and 405 of the federal CWA for the discharge of pollutants to surface waters of the state. These permits are referred to as NPDES permits, and, in the State of Washinaton, are administered by the Washinaton State Department of Ecologv. EnViFenngental PFOtectien Agency (ERA), OF by the Washington DepaFtn9ent U.S.G. basis.1342(b), that M. Nonstormwater discharge means any discharge to the MS4 or waters of the state that is not composed entirely of stormwater. 7 Illicit Stormwater Discharges- Ch. 7.14 KCC 10 N. Owner/operator means any of the following: a person or entity with an ownership interest or has ef-control over the premises or a person or entity who participatgsft in any activity on-the-premises that is regulated by this chapter.—,-end-any-pefsen-of entlty-paFtte��Matian-of-this-ehaptef 0. Person means any individual firm business association partnership, corporation, however organized. i3ecause "person" all include both human and non-human entities any f the following pronouns may be used to describe a person: he - she or it. P. Person person who has titled ownership s that is subiect to the regulation° an occupant or other person in control of the premises that is subbusiness operator or owner who is developing building, or o ep rating a business on the gLgmiaaa that is sub son who created, - caused or has allowed the violation to occur on the premises. QG. Pollutant means anything that whieh—causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that the same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous materials and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. 8 Illicit Stormwater Discharges- Ch. 7.14 KCC 11 RR. Premises means any real property or interest in real property and any improvement upon real property. SQ. RCW means the state Revised Code of Washington. It is the compilation of all permanent state laws eas currently enacted or as subse uq ently amended or recodified. 1R. Sanitary sewage means domestic and commercial wastewater including flushed toilet water, water from dishwashers, clothes washing machines, and any other used water that generally is disposed of down interior household drains. US. Sanitary sewer system means a conveyance, or system of conveyances, that is designed to convey domestic and commercial wastewater. V. Stormwater system means facilities through which stormwater is collected, conveyed, or treated, including but not limited to inlets, conveyance pipes, pumping facilities, retention and detention basins, bioinfiltration facilities, drainage channels, and other drainage structures. V . Stormwater means any surface flow, runoff, and drainage consisting elrt+Fely-of water from any form of natural precipitation, and resulting from such precipitation. Xkl. Stormwater pollution prevention plan means a document that c-h- describes the BMPs and activities to be implemented by an owner/operator to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce pollutant discharges to stormwater, the MS4, and/or-waters of the state . 9 Illicit Stormwater Discharges- Ch. 7.14 KCC 12 Y-V. Waters of the state means those waters as defined as "waters of the United States" in 40 CFR 122.2, within the geographic boundaries of the State of Washington,, and those "waters of the state" as defined in Chapter 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters, undeFgFOund wate s roundwater, salt waters, and all other surface waters and water courses within the jurisdiction of the State of Washington. ZW. Water quality standards means the Water Rellatien Gentrel Aet, as defined "-Fein; Surface Water Quality Standards - Chapter 173-201A of the Washington Administrative Code ("WACD, Ground Water Quality Standards - Chapter 173-200 WAC,_-; and Sediment Management Standards - Chapter 173-204 WAC. established to sustain public health and public enjoyngent of the wateFS and the PFePagatien and PFeteetien ef fish, shellfish, and wildlife. AAX. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from any premises. Sec. 7.14.030. Applicability. This chapter shall apply to all owners/operators as defined herein. Sec. 7.14.040. Entry onto premises. With the consent of the owner/operator of any premises. through permissions granted in a stormwater facility maintenance covenant, or pursuant to a lawfully issued warrant, the director may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent warrant or permission is required to enter those areas open to the public generall�or to which no reasonable expectation of privacy exists. 10 Illicit Stormwater Discharges- Ch. 7.14 KCC 13 Sec. 7.14.050. Prohibited discharges. A. No person at --shall discharge,__---of--cause an illicit discharge. or fail to utilize reasonable BMPs to protect against a potential or accidental discharges, of nonstormwater or other material not ex rp essly allowed by this codes, including but not limited to pollutants or waters containing any pollutants, to enter into the MS4 or waters of the state that may reasonablycause or contribute to a violation of applicable water quality standards as herein defined te— i MS4—or watefeeufsee-ffatefs-ef44e-stat,-. B. Prohibited discharges include but are not limited to the following list; of common substances that kr-are illicit discharges when discharged to the MS4 and waters of the state: 1. Solid waste, trash or debris; 2. Human and animal waste; 3. Petroleum products including but not limited to oil, gasoline, grease, fuel, oil, and heating oil in guantities producing a visible sheen; 4. Antifreeze and other automotive products; 5. Flammable or explosive materials; 6. Radioactive material; 7. Construction materials; 8. Batteries; 9. Acids, alkalis, or bases; 10. Paints, stains, resins, lacquers, or varnishes; 11 Illicit Stormwater Discharges- Ch. 7.14 KCC 14 11. Metals in excess of naturally occurring amounts, whether in liquid or solid form; 12. Solvents and degreasers; 13. Drain cleaners: commercial and household cleaning materials; 14. Pesticides, herbicides, or fertilizers; 15. Ink; 16. Steam-cleaning waste; 17. Laundry waste, soap, detergent, and ammonia; 18. Domestic or sanitary sewage; 19. Animal carcasses; 20. Food and food waste including fats, oils, and grease (FOG); 21. Recreational vehicle waste; 22. Swimming pool or spa filter backwash; 23. Chlorine, bromine, or other disinfectants; 24. Heated water; 25. Yard waste, dirt, sand, and gravel; 26. Bark and other fibrous materials; 27. Collected lawn clippings, leaves, or branches; 28. Silt, sediment, concrete, cement, or gravel; 29. Dyes, except as permitted by KCC 7.14.060; 30. Chemicals not normally found in uncontaminated water; 31. Chlorinated swimming pool or hot tub water except as permitted by KCC 7.14.070; 12 Illicit Stormwater Discharges- Ch. 7.14 KCC 15 32. Discharges from potable water sources which may include but are not limited to: water line flushing, hype rchlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water, except as permitted by KCC 7.14.070; 33. Any other process-associated discharge except as otherwise allowed in this chapter; or 34. Any hazardous material or waste not listed above. C. Anperson who makes a prohibited discharge in violation of KCC 7.14.050 may be liable of intly or severally, in accordance with KCC 7.14.150 and KCC 7.14.160. The City mapursue enforcement action arpainst anperson responsible for the violation. Sec. 7.14.060. Allowable discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pellutien—a violation of water quality standards ine€ the MS4 or waters of the state . A. Diverted stream flows; B. Rising groundwaters; C. Uncontaminated groundwater infiltration, as defined in 40 CFR 35.2005(20); D. Uncontaminated pumped groundwater ; E. Foundation drains discharging uncontaminated groundwater or stormwater; F. Air conditioning condensation; G. Irrigation water from agricultural sources that is commingled with urban stormwater; 13 Illicit Stormwater Discharges- Ch. 7.14 KCC 16 H. Springs; I. Water from crawl space pumps discharging clean stormwater only; J. Footing drains discharging uncontaminated groundwater or stormwater; K. Flows from riparian habitats and wetlands; L. Nonstormwater discharges covered by an NPDES permit; or M. Discharges from emergency €iFe-f+ghtftfirefiahtina activities, Sec. 7.14.070. Conditional discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the followino stated conditions, unless the .,:_..eteF with i is causing OF is likely to cause pollution Of SUFface wateF OF gFeundwatef. A. Potable water, including water from water line flushing, hype rchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the MS4; B. Lawn watering and other irrigation runoff shall be minimized; C. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if 14 Illicit Stormwater Discharges- Ch. 7.14 KCC 17 necessary, and in volumes and velocities controlled to prevent resuspension of sediments On ; or D. Street and sidewalk wash water, water used to control dust, and routine external building wash down that is unheated and does not use deteFgents any additives are permitted, if the amount of street wash and dust control water used is minimized_ or Sec. 7.14.080. Illicit connections prohibited. A. No person shall connect a conveyance system that eh—was not constructed or intended to convey precipitation runoff, or that has been converted from such usage to another use, to the MS4 or gFeundwateF 019filtFatien systeFR waters of the state. The construction, use, maintenance,F or continued existence of illicit connections to the steFF19 MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. E3. Anperson who violates KCC 7.14.0£i0 may be liable jointly or seyerally, in accordance with KCC 7.14.150 and KCC 7.14.160. The City ma ursue enforcement action ar�ainst anperson responsible for the violation. 15 Illicit Stormwater Discharges- Ch. 7.14 KCC 18 Sec. 7.14.090. Suspension of discharge access to MS4. As permitted by applicable law, the city may suspend MS4 access to an owner/operator when such suspension is necessary to stop an actual or threatened discharge that is or would be prohibited under this chapter. Sec. 7.14.100. Inspections. A. The director may establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis including, but not limited to, routine inspections, random inspections, or inspections based upon complaints received or concerns of otr e otiee of-possible code violations;. Additionally, inspection Of dFainage basins of inspections may be conducted of businesses or industries with suspicious discharges, a high volume of discharge or pollutants that appear to be present in the discharge. with higheF than usual disehaFges of centanginants OF pollutants OF with dischaFges of a type which aFe n9OFe likely than the typical dischaFge to the eity's PjPE)ES StOffiqwateF peffigit, and- joint inspections with etheF agencies inspecting undeF enviFenngental OF safety laws. B. Inspections may include, but are not limited to, reviewing maintenance and repair records,.; sampling discharges, SbiFfaeewateF,a n9ateF;,I OF wateF on the PIS4 and evaluating the condition of the "� S4 and etheF BP:,`s premise's stormwater system and BMPs. Sec. 7.14.110. Reinspections. Should a city inspection discover a violation of this chapter or other applicable federal, state, or local code proyisionait shall be the duty of the owner/operator to notify the director 16 Illicit Stormwater Discharges- Ch. 7.14 KCC 19 that any noted violations have been corrected, and to request a reinspection. It shall be the duty of the owner/operator to provide safe access to and a means for inspection of any corrective work. Sec. 7.14.120. Monitoring of discharges. As ~ gifted by applieable The city may- conduct eF eause `e be eend eted monitoring and/or sampling of stormwater discharge from any premises, and may recover the costs of so doing from the owner/operator of the premises. Sec. 7.14.130. Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs. The All owner/operators shall provide, at owner/operator's expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or •° eswaters of the state through the use of structural, nonstructural and operational BMPs. Further, any owner/operator responsible for premises, that are, or may be, the source of an illicit discharge, may be required to implement, at owner/operator's expense, additional structural nonstructural and operational BMPs to prevent the ftfftheF disehaFge ef pellutants illicit discharcles to the MS4 or waters of the state. Compliance with a" teFng . , s a"„ be Qeenged compliance with the PFevisiens of this section. These Sec. 7.14.140. Industrial or construction activity discharges. Any owner/operator subject to an industrial or construction activity NPDES 17 Illicit Stormwater Discharges- Ch. 7.14 KCC 20 stormwater discharge permit shall comply with all provisions of that kr permit. chapteF. Sec. 7.14.150. Violations and enforcement. A. Any violation of Violated OF failed to n9eet a FeclUiFengent any provision of this chapter constitutes a civil violation under, Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein. state United Stakes B. In addition to or as an alternative to any other penalty_provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to KCC 1.01.140. Sec. 7.14.160. Joint and several resaonsibility and liat�ility. Responsibility for violations of this chapter is ioint and several and the city is not prohibited from taking, action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible fora violation. SECTION 2, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such 18 Illicit Stormwater Discharges- Ch. 7.14 KCC 21 decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR"PAT" FITZPATRICK, ACTING CITY ATTORNEY 19 Illicit Stormwater Discharges- Ch. 7.14 KCC 22 PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK S'VPerm tAPlanAZONING CODE�4 ENBMEN/ A2014\ZC42014-411hct Bixhage Cetec0on and Ehmna6onALUPBA714 Vhct Bs beget Ordnance.dce 20 Illicit Stormwater Discharges- Ch. 7.14 KCC 23 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 August 20, 2014 TO: Chair Jack Ottini and Land Use & Planning Board Members FROM: Charlene Anderson, AICP, Planning Manager RE: Comprehensive Plan Update - Kent Profile and Vision For the August 25, 2014 Workshop Summary: As discussed at the Board's August 111h meeting, the City is scheduled to complete an update to the Kent Comprehensive Plan (the Plan) by June 30, 2015. The update will include all elements in the Plan, refresh the current conditions and trends, integrate recent planning initiatives, and comply with state, regional and local mandates. The first section for preliminary review by the Board is the Kent Profile and Vision. Background: At the August 111h Land Use and Planning Board workshop, staff introduced the Comprehensive Plan update project, the schedule, and the public outreach activities that are in progress. The Board will review preliminary drafts of each section before holding one or several public hearings. The first section for Board review is entitled Kent Profile and Vision. This section combines Chapters One, Two and Three in the existing comprehensive plan. CA:pm S:\Permit\Plan\COMP PLAN AMENDMENTS\2011\CPA-2011-3_CPZ-2011-1_CompPlanUrdote\LUPB\08-25-14_LUPB_Memo.doc Enc: Kent Profile and Vision Chapter cc: Ben Wolters, Economic and Community Development Director Fred N. Satterstrom,AICP, Planning Director Matt Gilbert,AICP, Principal Planner David Galazin,Assistant City Attorney Project File 24 25 Kent Profile and Vision What you will find in this chapter: • Introduction to the Plan • How the Plan was developed • Organization of the Plan • Population and Employment Data • Vision and Framework Policies Purpose Statement: To introduce the Kent Comprehensive Plan and provide the City's community profile, context, and vision for 2035 Intro� tion . u �uQ.rna,,nm«den, ,u ii r J[ � Plan Cit wide /C Comprehensive in t � Welcome tti ih,� €�Com rehensive Plan (the Bringing the World Home" is y { Bringing he World Home. the result h a campaign V�l �t is that plad called "home. The Plan initiated by the Lodging Tax d6tcrlbes the visiot for 2035 and provides goals and polr�8t„for achi(�vYhg it through the following: Advisory Committee to 6-- Jobs d c;rvices market Kent. The proposed �r� branding and marketing E ��omicdlbfices slogan captures th �Uersiti ;, l(Sations for categories of land uses in Kent businessgs,�r�de, Rousing Parks and recreational opportunities school districts and residents , . System for getting around „ /ays of communicating htto://downtown kentwa com/w 3';y fl' content/uolod/Z4�1,4/o9/kent • Natural resources Brandin 1;J01 " %���� • Utilities you depend On Aesthetic values Sustainable funding for desired goods and services The Plan is used by staff, elected officials and others in making decisions regarding funding of capital facilities and projects, implementing development regulations, and developing future neighborhood or specific department master plans. Furthermore, the Plan provides to the community and other public agencies a clear expression of the City's choices for accommodating growth and implementing the vision for 2035. Kent Comprehensive Plan - 1 - 26 How the Plan was developed The foundation of the Plan is the Cityof Kent Strategic Plan which was developed by the City Council and describes the vision for Kent in 2025. The Strategic Plan identifies five goals and several objectives for supporting the community values. Ke,it is a aria °°° c. The Plan also satisfies the requirements of the State's Growth Manageme � Act (GMA) (RCW �o, 36J0A) which identifies/o ��teen (13) planning Det�eiopano mpeme,t goals that guide devel pnnent and adoption of local F /7, „-diiipModel comprehensive plans/end development regulations. Furthermore, the/P046t and Regional Council adopted Multi rtty Planning Policies (MPPs) as A� part of VISIg)IV I 40. VISION , C140 uses the concept of/Re6ple, pr sperity and planet in presenti g he reg /asos strategy for fa accommoda'iiflg tbb, 5 million people expected to live in the regf(fil 2040. The MPPs are regional gy))sjglines and pfthciples used in certifying local CreateNelghborhwd pi (i /arid plans. Additionally, as required by the GMA, jufttdtctions within King County ratified the King Cou 1; �,cfontywide Planning Policies (CPPs) as a frame fk for'd,oVelopment of consistent county U,. and cit ;=Eomprehensive plans to meet state and �. regionif`goals. create ���� 6y-,compf€'ting surveys, sending in comments, for People ar d Places Kent's elected officials, and participating in workshops and public hearings, residents of Kent and other interested parties also contributed rose, extensively to development of the Kent Comprehensive Plan. Organization of the Plan t The Plan includes 7 elements required by GMA: Land Use, Housing, Capital Facilities, Utilities, .;Kent Transportation, Economic Development, as well as M Parks and Recreation. Kent adds an additional element related to Human Services. Each element t identifies its purpose and key issues; describes its systems; and includes goals, policies, maps and other graphics to tell its story and manner of achieving the City's vision. References in the htto://kentwa.00v/content.asox?id=119 element and appendices provide additional 6&Menu=DropDown analyses and details for the element. Kent Comprehensive Plan August 20, 2014 27 Each element has been reviewed for consistency with State, regional and countywide goals and policies, other elements in the Plan, and the plans of adjacent jurisdictions. Consistency in this context means that the plan is not in conflict with these other plans and policies. (develop and insert graphic showing relationship of comprehensive plan to departmental master plans, regulations, and financing plan) Population and employment History /, Kent's roots stretch back to 1890, the year it was/,ItC/rpbf`oted with a population of 763 people. Kent was a maj.or g iWer of hops and berries, and at one time, it was considered the Lettuce C ��jI of the WorldDairy ' farming was also an important sector of K s early economy. f6 1899, the first can of Carnation Milk was produced 'in Kent. In the 1950's, industrial production began to deue�cp on Kent's valley floor. In 1963, completion of the Howa/rr Hanson Dam,<e flood-storage facility, hastened further economic chan g6 i,�fn the Valley. With the dam, Kent was transformed from a rural commu'hity 'With farm land that was routinely flooded by the Green River each wfnter intd ndustr(al powerhouse it is today. Growth Kent is the sixth J ,r, city'in, Washington and the third largest city in King County, with an fffeial OFM.p/bpulation estimate of 121,400 as of April 1, 2014. A culturally rid}, �,iestinaf]64Y, Kent features captivating neighborhoods, award- winninc )arfCsexc, ttionafchool districts and nationally accredited police and��� 'departments'!` In recent years, Kent has experienced impressive ecotfimic growth, and is nationally known as a prime location for manu sdturing. By the:/year 2035, Kent is planning for growth to approximately 54,OOQ/,,households and 82,000 jobs. Various data source ire utilized throughout this plan as appropriate, in order to obtain the, most current information available at the time of this update. Growth projections are provided by the Puget Sound Regional Council. The City's capacity for accommodating growth and the growth targets for cities in King County are taken from the King County Buildable Lands Analysis and Countywide Planning Policies. Current population numbers are taken from the 2014 State Office of Financial Management estimates. Finer-grained details for housing mix, household size and income levels, and population ethnicity are extracted from the 2010-2012 3-year American Community Survey data. Kent Comprehensive Plan August 20, 2014 28 Table 1.1 Growth Forecasts Households Jobs PSRC Forecasts 2035 53,549 81,854 2010 Baseline (2010 Census for HH; Jobs are 42,793 61,654 Calculated from PSRC data Growth Targets 2035 (Countywide Planning Policies, 10,858 15,648 as extended for the period 2006 - 2035) Buildable Lands Capacity (as of 12/31/2011) 53,525* A...... 83,278* Capacity to Accommodate PSRC Forecasts 2035 - 24 + 1,424 *Buildable lands Capacity applies historic trends to future growth on yacgfft/4lld redeyelopable Id dg, The capacity numbers do not include potential additional capacity provided by zoning changes and Downtown Sub664Flane Table 1.2 Population Ranking , Seattle 640,500 Spokane """ 212,300 Tacoma //////%///ii„ 200,900 Vancouver / 167,400 Bellevue ������in//5 ', 134,400 Kent 121,400 April 1,2014 OFM dfflcal..estimate - %PON "s Tables 1.3 Age of Population Ly der 5 years 8.1% 5 to 9 years 7.0% 10'to.14,years 7.1% 15 to 19 years 7.2% 20 to �4,years -��� 7.8% 25 to 29 years 7.9% 30 to 34 y6adf�>.� 7.0% 35 to 39 years 7.3% 40 to 44 years 6.9% 45 to 49 years 7.5% 50 to 54 years 7.0% 55 to 59 years 4.8% 60 to 64 years 4.8% 65 to 69 years 3.6% 70 to 74 years 1.9% 75 to 79 years 1.5% 80 to 84 years 1.2% 85 years and over 1.3% 2010-2012 American Community Survey 3-Year Estimates Kent Comprehensive Plan August 20, 2014 29 Table 1.4 Housing Mix Units in Structure Total Housing Units 44,932 1-unit detached 47.4% 1-unit, attached 5.3% 2 units 1.4% 3 or more units 41.8% 3 or 4 units 5.2% 5 to 9 units 12.1% 10 to 19 units 12.9% 20 or more units 11.7% Mobile home 3.8%/,.. Boat, RV,Van, Etc. 0. 2010-2012 American Community Survey 3-Year Estimates Table i 5 Race anio Ethnicity Cfi,6racteristics RACE Total population 108,700 108,700 One race 102,139 94.0% Two or more races 6,561 6.0% One race 102,139 94.0% White 63,261 58.2% Black or African American 11,350 10.4% American Indian and Alaska Native 559 0.5% Asian 17,599 16.2% Native Hawaiian and Other Pacific Islander 2,929 2.7% Some other race 6,441 5.9% Two or more races 6,561 6.0% White and Black or African American 1,354 1.2% White and American Indian and Alaska Native 844 0.8% White and Asian 1,511 1.4% Black or African American and American Indian and Alaska Native 127 0.1% Race alone or in combination with one or more other races Total population 108,700 108,700 White 68,385 62.9% Black or African American 13,663 12.6% American Indian and Alaska Native 1,739 1.6% Asian 20,626 19.0% Native Hawaiian and Other Pacific Islander 3,749 3.4% Some other race 7,602 7.0% HISPANIC OR LATINO AND RACE Total population 108,700 108,700 Hispanic or Latino(of any race) 18,460 17.0% Mexican 15,464 14.2% Kent Comprehensive Plan August 20, 2014 30 Puerto Rican 372 0.3% Cuban 167 0.2% Other Hispanic or Latino 2,457 2.3 Not Hispanic or Latino 90,240 83.0 White alone 52,267 48.1 Black or African American alone 11,122 10.2 American Indian and Alaska Native alone 493 0.5 Asian alone 17,425 16.0 Native Hawaiian and Other Pacific Islander alone 2,929 2.7 Some other race alone 868 0.8 Two or more races 5,136 4.7% Two races including Some other race 309 0.3 Two races excluding Some other race,and Three or more races 4,827 4.4 2008-2012 American Community Survey 5-Year Estimates F ., • Household size — to housing element • Household income — to housing element • Employment trends — Use PSRC fbrt Est b Al r Vision and Framewoek u/idance' In preparation for Kent's first compr`ehensj51tS„adopted under the State's 1990 Growth Management Act, the Kdn� y Council in September 1992 passed Resolution / i ;yvhich adopfd local goals to be used as the policy framewor /he Plan. With this update, the Plan uses the following planning guidance-to use in the development of goals and policies in each element. The planning gu , n 4 is consistent with the State, regional and countywide foals and pb4tctes. Vision 11007���� ? (Current Council-adi/pted vision Kent is a safe, connected and beautiful city, culturally vibrant with"thly diverse urban centers. Urban Growth Foster a growth pa //ern that accommodates 20-year projected growth in compact and sustainable mixed use residential and jobs centers and vibrant neighborhoods. Transportation Provide a safe, reliable, and balanced multimodal transportation system which will support current and projected growth using context-sensitive design. Public Facilities and Services Provide a full range of public facilities and services to support the envisioned urban growth pattern in a sustainable manner. Kent Comprehensive Plan August 20, 2014 31 Housina Encourage diverse housing opportunities that are affordable to all income levels and household needs. Urban Design Support an urban design strategy and development pattern that create places that attract people and promote active lifestyles. Human Services Invest in the delivery of human services programs which a - essential to the community's growth, vitality and health. Economic Development /�„ Foster businesses that economically and socially e r'r�h ne�jf�borhoods, growth centers, and the overall communit Natural Resource Industries Promote, support and protect natural resqutce ba ;industries, stf6h as agricultural industries that provide local ac&esrs, to ,ealthy foods. Open Space and Recreation Practice responsible stewardship bhp rK,5,, significarfi open spaces, recreational facilities and corridor' ""to provide active aril passive recreational opportunities for all persons in the dommu y Historic Preservation 0 r��' Preserve and enh/� kent's./cultural, physical and environmental heritage as a means of sustaining vibrant,"and unique' places that are the roots of the community. Environment Protect/j"d'enh de a su�a`inable natural environment, including critical area ',-Andan ered s 'ecies attd aquatic habitat, air and water quality, and o% 9 q Y� large-scale natural ret6urces. ProperCV Rights Protect priVi/i e prop , rights from arbitrary and discriminatory actions while considering the Rub'Rt's interest. Permits Establish a fair, timely, efficient and predictable permit process. Community Involvement Provide for public participation in the development and amendment of City plans and regulatory actions. Kent Comprehensive Plan August 20, 2014