CITY OF DES MOINES SHORELINE MASTER PROGRAM

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Des Moines Shoreline Master Program a. Type of permit applied for; b. Brief description of proposed use; c. Address of subject property; d. Applicant's name; 3. Publication of public notice in a newspaper with local distribution no less than once a week for two consecutive weeks, with the last publication date no less than thirty (30) days prior to issuance of permit. 4. An affidavit that the notice has been properly published, posted and deposited in the U. S. mail pursuant to the above requirements shall be submitted to the Shoreline Administrator at least thirty (30) days in advance of the issuance of permit. 7.3.5 Technical Review Shoreline Administrator For all submitted applications for Shoreline Substantial Development Permits, the Shoreline Administrator shall make a decision on the permit application based on the information provided in the application. Upon a finding of compliance with the criteria listed in this section, the Shoreline Administrator shall issue the permit, or issue the permit with conditions. Should the Shoreline Administrator find that any application does not substantially comply with the criteria listed in this section, they may deny such application or attach any terms or conditions that are deemed suitable and reasonable given the purpose and objectives of this SMP. 7.3.6 Washington State Department of Ecology Notification Ecology shall be notified within eight (8) days of any Shoreline Substantial Development Permit decisions made by the Shoreline Administrator. The Shoreline Administrator shall file the following with the Department of Ecology and the Attorney General: 1. A copy of the complete application pursuant to WAC 173-27-180; 2. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program policies and regulations and the consistency of the project with review criteria for Substantial Development Permits; 3. The final decision of the local government; 4. The permit intake form (Appendix A to WAC 173-27-990, included at the end of this chapter); 5. Where applicable, local government shall also file the applicable documents required by chapter 43.21C RCW, the State Environmental Policy Act, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under chapter 43.21C RCW; and 6. Affidavit of public notice. 7. When the project has been modified in the course of the local review process, plans or text shall be provided to the department that clearly indicate the final approved plan. Department of Ecology approval effective November 1, 2010 96 Adopted by City of Des Moines Ordinance No. 1502
Des Moines Shoreline Master Program 8. “Date of filing” of a local government final decision involving approval or denial of a substantial development permit is the date of actual receipt by the department of a local government's final decision on the permit. The department shall provide a written notice to the local government and the applicant of the "date of filing." 7.3.7 Appeals All appeals of any final permit decision are governed by the procedures established in RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedures of the Shorelines Hearing Board. All appeals of any final permit decision must be made to the Shorelines Hearing Board within twenty-one (21) days after the City’s final decision concerning the substantial development permit or formal approval to revisions of the permit. 7.3.8 Revisions to Shoreline Substantial Development Permits A permit revision is required whenever an applicant proposes substantive changes to the design, terms or conditions of a project from that which was approved in the permit. When a revision of a Shoreline Substantial Development is sought, the applicant shall submit detailed plans and text describing the proposed changes in the permit and demonstrating compliance with the following minimum standards pursuant to WAC 173-27-100. If the proposed changes are determined by the Shoreline Administrator to be within the scope and intent of the original permit, and are consistent with the SMA (RCW 90.58), the Guidelines in WAC 173-26, and this SMP, the revision shall be approved. "Within the scope and intent of the original permit" means the following: 1. No additional over water construction will be involved. 2. Lot coverage and height may be increased a maximum of ten percent (10%) from the provisions of the original permit: Provided, that revisions involving new structures not shown on the original site plan shall require a new permit, and: Provided, further that any revisions authorized under this subsection shall not exceed height, lot coverage, setback or any other requirements of this SMP for the area in which the project is located. 3. Landscaping may be added to a project without necessitating an application for a new permit. Provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with this SMP for the area in which the project is located. 4. The use authorized pursuant to the original permit is not changed. 5. No additional adverse environmental impact will be caused by the project revision. If the revision or the sum of the revision and any previously approved revisions violate the terms of one or more of the provisions itemized above, the applicant shall apply for a new Shoreline Substantial Development in the manner provided herein. The revised permit shall become effective immediately. Within eight (8) days of the date of final action the revised site plan, text and the approved revision shall be submitted to Ecology and the Attorney General for the completion of their files. A notice of revision approval shall be forwarded to persons who have notified the Shoreline Administrator of their desire to receive a Department of Ecology approval effective November 1, 2010 Adopted by City of Des Moines Ordinance No. 1502 97
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CITY OF DES MOINES SHORELINE MASTER PROGRAM

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