CITY OF DES MOINES SHORELINE MASTER PROGRAM

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Des Moines Shoreline Master Program copy of the action on a permit. Formal revisions to permits are subject to the twenty-one (21) day appeal process described above. 7.4 Shoreline Conditional Use Permit Procedures 7.4.1 General Provisions The purpose of a Shoreline Conditional Use Permit is to allow case-by-case review of uses which may have a greater potential for impacts without project-specific conditions, while providing flexibility in varying the application of the use regulations of this SMP in a manner consistent with the policies of RCW 90.58.020. A Shoreline Conditional Use Permit is classified as a Type IV land use decision, requiring administrative, planning agency, and city council review and approval. In authorizing a Shoreline Conditional Use Permit, special conditions may be attached to the permit by the City Council or Ecology to prevent undesirable effects of the proposed use. Ecology is the final reviewing authority for Shoreline Conditional Use Permits pursuant to WAC 173-27. 7.4.2 Unclassified Uses Uses that are not classified or set forth herein may only be authorized as conditional uses provided the applicant can demonstrate that the criteria set forth for conditional uses are met. Unclassified uses approved as conditional uses should also remain consistent with the policies of RCW 90.58.020 and should not produce substantial adverse effects on the shoreline environment. 7.4.3 Criteria Pursuant to WAC 173-27-160, the criteria below shall constitute the minimum criteria for review and approval of a Shoreline Conditional Use Permit. Uses classified as conditional uses, and not uses prohibited by the regulations of this SMP, may be authorized provided that the applicant can demonstrate all of the following: 1. That the proposed use will be consistent with the policies of RCW 90.58.020, the policies of this SMP, the City of Des Moines Comprehensive Plan and other applicable plans, programs and/or regulations; 2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; 4. That the proposed use will cause no significant adverse effects to the shoreline, will not result in a net loss of ecological functions, and will not be incompatible with the environment designation or zoning classification in which it is to be located; 5. That the public interest suffers no substantial detrimental effect; and 6. That the proposed use is in the best interest of the public’s health, safety, morals or welfare. 7. That consideration of cumulative impacts of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area Department of Ecology approval effective November 1, 2010 98 Adopted by City of Des Moines Ordinance No. 1502
Des Moines Shoreline Master Program where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. Other uses which are not classified or set forth in this Program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in this Program. Uses which are specifically prohibited by this Program may not be authorized pursuant to this section. The Shoreline Administrator may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. 7.4.4 Application The owner of the subject property or the authorized agent(s) of the owner is encouraged to have a pre-application meeting with the Shoreline Administrator and/or his or her staff to determine the need for a Shoreline Conditional Use Permit. If needed, the applicant may apply for a permit by submitting to the Shoreline Administrator a Shoreline Conditional Use Permit application using the Joint Aquatic Resource Permit Application (JARPA) form provided by the City and accompanied by applicable fees, and any other information requested by the Shoreline Administrator. A completed application for a Shoreline Conditional Use Permit shall, at a minimum, contain the following information and diagrams: 1. Completed JARPA form. 2. Completed intake form from WAC 173-27-990, Appendix A – Shoreline Management Act Permit Data Sheet and Transmittal Letter, included at the end of this chapter. 3. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. 4. The name, address and phone number of the applicant's representative if other than the applicant. 5. The name, address and phone number of the property owner, if other than the applicant. 6. Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. 7. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived (e.g., Puget Sound). 8. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. 9. A general description of the property as it now exists including its physical characteristics and improvements and structures. Department of Ecology approval effective November 1, 2010 Adopted by City of Des Moines Ordinance No. 1502 99
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CITY OF DES MOINES SHORELINE MASTER PROGRAM

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