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)
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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.
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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:
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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
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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.
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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:
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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.
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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.
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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 .
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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.
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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;
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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;
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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;
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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
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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.
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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
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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
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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
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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