CITY OF DES MOINES SHORELINE MASTER PROGRAM

Des Moines Shoreline Master Program
7.4.7 Public Hearing and City Council Decision
The City Council shall be the decision-making authority for any Shoreline Conditional Use
Permit.
The City Council shall hold a public hearing on each proposed Shoreline Conditional Use Permit
application. No later than the first regular public meeting after receiving the recommendation of
the planning agency permit application, the City Council shall set by motion the date of the
hearing. The Shoreline Administrator shall prepare and distribute public notice of the hearing as
set forth in DMMC 17.40.070.
The City Council shall determine the application's compliance with the review criteria for
Shoreline Conditional Use Permits, in addition to any other criteria to be met specified by the
Municipal Code or statute. Upon a finding of compliance with these criteria the City Council
shall instruct the Shoreline Administrator to prepare written findings of fact and statement of
reasons in support of the determination and to forward the recommendation to Ecology for
review and approval. The recommendation may include issuing the permit, issuing the permit
with conditions, or denial of the application.
7.4.8 Washington State Department of Ecology Review
Within eight (8) days of the City’s Council’s final decision the Shoreline Administrator shall
file the following with Ecology. 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 data sheet (Appendix A to WAC 173-27-990, included at the end of this
chapter); and
5. The 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.
6. Affidavit of public notice.
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.
"Date of filing" involving approval or denial of a variance or conditional use permit, is the date
of transmittal of the department's final decision on the variance or conditional use permit to local
government and the applicant. The department shall provide a written notice to the local
government and the applicant of the "date of filing."
Department of Ecology approval effective November 1, 2010
102 Adopted by City of Des Moines Ordinance No. 1502