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City Council Workshop
East Wenatchee City Hall
271 9th St. NE
East Wenatchee, WA 98802
AGENDA
Wednesday, September 15, 2021, 5:30 PM
The meeting will be in person or via Zoom: https://us02web.zoom.us/j/84324723930.
The dial-in number is 253 215 8782 and the meeting ID is 843 2472 3930.
____________________________________________________________
1. Veteran’s presentation – David Schwab, Member of American Legion
Post 10.
2. Fireworks Discussion – Brian Brett, Fire Chief Chelan County Fire
District #1, Rick Johnson, City of East Wenatchee Police Chief.
3. Waste Management Contract Update – Tyler Mackay, Public Sector
Service Manager.
4. Title 19, Code Review – Curtis Lillquist, Planning Manager.
5. Misc. Councilmembers.
6. Adjournment.
CITY OF EAST WENATCHEE
271 9TH STREET NE • EAST WENATCHEE, WA 98802
PHONE (509) 884-9515 • FAX (509) 884-6233
BRIEF HISTORY OF NAMING US HIGHWAY 97 WORLD WAR II MEMORIAL HIGHWAY
In the early 2000’s a Non-Profit organization from Bend Oregon named Bend Heroes Foundation worked
with the Oregon State Legislature to name a number of Highways throughout the State of Oregon after
United States War Veterans.
WW I Veterans Memorial Highway: US Highway 395
WW II Veterans Historic Highway: US Highway 97/SR 126
Korean War Veterans Memorial Highway & Purple Heart Trail: Interstate 5
Vietnam Veterans Memorial Highway: Interstate 84
Persian Gulf, Afghanistan and Iraq Veterans Memorial Highway: US Highway 101
A veteran from Klickitat County sponsored a request to the Washington State Transportation
Commission (WSTC) to name US Highway 97 from the Oregon border to the Yakima County line, World
War II Veterans Memorial Highway. After the WSTC approved his request he reached out to other
Counties Veterans Advisory Boards that had US Highway 97 within their boundary, to help name US
Highway 97 from the Oregon border to the Canadian border, World War II Veterans Memorial Highway.
During World War II from Washington State there were:
3941 State wide deaths from the Army/Air Forces, 17 were from Douglas County
1505 State wide deaths from the Navy/USMC/Coast Guard, 2 were form Douglas County
113 State wide deaths from the Merchant Marines
During World War II there were an estimated 8200 wounded Washington State Veterans.
During World War II there were 1085 Prisoners of War from Washington State. 849 POW’s returned.
During World War II there was 1365 Washington State Veterans Missing in Action, 28 sets of remains
were returned. Still to this day 1337 remain missing.
An estimated 217,840 Washington State residents served in WWII.
Non Legislative Naming Process
Washington State Transportation Commission Policy & Procedure No. 12 , Section 6
To initiate the naming process without a legislative Joint Memorial being enacted, an interested party must contact the
Commission to establish their interest in seeking a naming. The requesting party shall provide sufficient evidence to the
Commission indicating community support and acceptance of the proposal. Evidence of support and acceptance may include
things such as:
1. Letters of support from state and federal legi slators representing area of the facility;
2. Resolutions passed by local, publicly elected bodies in the area of the facility;
3. Department support;
4. Supportive action by letters from local organizations such as local chambers of commerce or service clubs.
East Wenatchee Police Department
Phone: (509) 884-9511 Fax: (509) 886-6114 271 9th Street NE, East Wenatchee, WA 98802
“A great place to land!”
City of
FIREWORKS CALLS
East Wenatchee Police Wenatchee Police
2015 25 1 Cited 63 3 Cited
2016 17 66
2017 27 45 1 Cited
2018 23 50
2019 30 61
2020 50 127 2 Cited
2021 *18 *89
_______________ ________________
190 501
* 2021 Calls January 1, 2021 to July 7, 2021
From:Karen Keleman
To:Maria Holman; Jerrilea Crawford
Cc:John Sterk; Harry Raab; Rob Tidd; Sasha Sleiman; Shayne L. Magdoff; Christine T. Johnson; Matthew Hepner
Subject:Fireworks
Date:Wednesday, July 21, 2021 12:34:04 PM
July 21, 2021
Mayor Jerrilea Crawford
City of East Wenatchee
271 9th Street
East Wenatchee, WA 98802
Dear Mayor Crawford,
We want to express our opinion that you should ban the sale and use of all
fireworks in East Wenatchee, and do it in the most expedient and permanent
manner available to you.
East Wenatchee needs to join our surrounding city, state, and federal
landowners in an effort to decrease the number of personal injuries and fire
ignitions.
Respectfully,
Bruce and Karen Keleman
326 North Kansas Avenue
East Wenatchee, WA 98802
(509) 884-7488
c Council Members John Sterk, Harry Raab, Robert Tidd, Sasha Sleiman, Shayne
Magdoff, Christine Johnson, and Matthew Hepner
CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9th Street NE * East Wenatchee, WA 98802
Phone (509) 884-5396 * Fax (509) 884-6233
MEMORANDUM
To: Mayor and City Council
From: Curtis Lillquist AICP, Planning Manager
Date: September 13, 2021
Subject: Development Permit Admin Code Update
Staff has completed a review and update to Title 19 which governs how the
city processes various development permit applications. This section of
code has not been updated in over 20 years, so this update is largely a
rewrite. The review process has taken into account a number legislative
changes to the Subdivision Act; the Growth Management Act (GMA); and
the Local Project Review Act.
Title 19 is a procedural code and therefore is not subject to the GMA
required 60-day review, nor is it reviewed through the planning
commission.
Some new sections are noted below;
- 19.03.030(C) [pg.7] – new section which limits the time applicants have
to resubmit materials for an application determined incomplete.
- 19.03.070 [pg. 9] – new section which clarifies when an application vests
under the existing rules and how an application can divest.
- 19.06 [pg. 15] – new section addressing how comprehensive plan and
development regulation amendments are processed. This was agreed
to in the County Wide Planning Policies in 2009.
- 19.10 Code Enforcement – new section to be created.
- 19.11 Definitions [pg. 23] – the definitions from all of the development
regulations (Titles 15, 16, 17, 19, and 20) will be relocated to this one
location.
Staff is looking for feedback on the updated language prior to a public
hearing in late September or early October 2021 to consider adoption of
the amendments.
City Council Workshop Draft
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Title 19
Development Permit Administration
19.01 Purpose and Applicability
19.02 Project Permit Applications
19.03 Application Process
19.04 Open Record Public Hearings
19.05 Final Decision Processes
19.06 Comprehensive Plan/Development Regulation Amendments
19.07 Appeals
19.08 Development Agreements
19.09 Performance Assurance and Guarantee
19.10 Code Enforcement - Reserved
19.11 Definitions - Reserved
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19.01 Purpose and Applicability
In enacting the requirements of Chapter 36.70B RCW, the city intends to establish a mechanism
for implementing the provisions of the Growth Management Act regarding compliance,
conformity and consistency of land use development permit review with the city’s adopted
comprehensive plan and existing development regulations.
The purpose of this chapter is to establish a land use development permit review process, as
required by state law, for considering consistency of a proposed project with the applicable
development regulations. Consistency shall be established by considering the following four
factors:
A. The type of land use permitted at the site, including uses that may be allowed under certain
circumstances, such as planned unit developments and conditional and special uses, if the
criteria for their approval have been satisfied;
B. The level of development, such as units per acre or other measures of density;
C. Availability and adequacy of infrastructure, public facilities and services identified in the
comprehensive plan and needed to serve the development; and
D. The character of the development, such as development standards.
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19.02 Project Permit Applications
19.02.010 Exemptions from permit processing
19.02.020 Determination of proper procedure type
19.02.030 Project permit application framework
19.02.040 Permits issued pursuant to RCW 90.58 Shoreline Management Act
19.02.050 Administrative Interpretation
19.02.010 Exemptions from permit processing
State Authority. RCW 36.70B allows local government to exclude certain project permits from
procedure and time limit requirements.
A. The following approvals are specifically excluded from the procedures set forth in this title:
1. Landmark designations;
2. Street vacations under RCW 35.79;
3. Street use permits;
4. Other approvals relating to the use of public areas;
5. Other project approvals, whether administrative or quasi-judicial that the city council has
determined by resolution present special circumstances that warrant a different review
process.
B. Type I permits as identified in EWMC 19.02.030 are excluded from the following permit
processing procedures:
1. Written determination of completeness (EWMC 19.03.030)
2. Notice of application (EWMC 19.03.040)
3. Optional consolidated project permit review processing (EWMC 19.02.020(B))
4. Joint public hearings (EWMC 19.04.010)
5. Single report stating all decisions and recommendations made as of the date of the
report that do not require open record hearing
6. Notice of decision (EWMC 19.05)
19.02.020 Determination of proper procedure type
For the purpose of project permit processing, all development permit application not exempted
under EWMC 19.02.01 shall be classified as one of the following: Type I, Type II, Type III, or
Type IV.
A. The community development director or his/her designee, hereafter referred to as director.
shall determine the proper procedure for all development applications. Questions
concerning the appropriate procedure shall be resolved in favor of the higher numbered
procedure.
B. Consolidated application process
1. When more than one application for a proposed development is required, the applicant
may elect to have all applications submitted for review at one time.
2. Applications for a proposed development and planned actions subject to the provisions of
the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in
accordance with the state and local laws, regulations and ordinances.
3. When more than one application is submitted under consolidated review and the
applications are subject to different types of review procedure, all of the applications for
the proposed development shall be subject to the highest level of review which applies
to any of the applications.
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4. If an application elects a consolidated application process, the determination of
completeness, the notice of application, and the notice of final decision must include all
applications being reviewed.
19.02.030 Project permit application framework
Type I
Limited Admin
Type II
Full Admin
Type III
Quasi-judicial
Type IV
Legislative
Boundary Line
Adjustment
Binding Site Plan Critical areas
reasonable use
Comprehensive Plan
Amendment
Building permits for
residential structures
(4 du or less)
Critical Areas permit Conditional use permit Development
Regulation
Amendment
Building permits for
accessory structures
(No SEPA)
Building permits for
commercial or
industrial structures
Preliminary Plat, plat
alterations, plat
vacations
Other minor building
permits (i.e.
demolition, gas
appliances, fuel tank,
mechanical)
Building permits for
residential structures
(5 du or more)
Planned Unit
Development, Major
PUD Amendment
Sign permit Building permits for
accessory structures
(With SEPA)
Variance
Addressing Final Plat Approval
Home Occupation
permit
Short Plat –
Prelim/Final
Wireless
Communication
Facility not requiring
CUP
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Type I
Limited Admin
Type II
Full Admin
Type III
Quasi-Judicial
Type IV
Legislative
Decision made
by
Director Director Hearing
Examiner
City Council
Open Record
Public Hearing
No No Yes Yes, held by
planning
commission
Appeal of Administrative Decisions: 14 days from the date of the final decision
No Open record
appeal hearing
to Hearing
Examiner
No No
Land use permit appeals: 21 days from the date of the final decision via Land Use
Petition Act
Superior Court Superior Court Superior Court Superior Court
or Growth
Management
Hearings Board
19.02.040 Permits issued pursuant to RCW 90.58 Shoreline Management Act
All project permit applications for land use activities on properties located within the jurisdiction
of RCW 90.50 Shoreline Management Act shall be processed in accordance with Chapter 6.
Administration and Procedures of the City of East Wenatchee Shoreline Master Program as
adopted by the City of East Wenatchee.
19.02.050 Administrative Interpretation
Any citizen, applicant or staff member may request an administrative interpretation as to the
meaning, application or intent of any development regulation, as it related to a specific piece of
property.
A. Responsibilities for interpretation.
1. The Community Development Director shall interpret the provisions of EWMC Titles 16.
17 and 18.
2. The Building Official shall interpret the provisions of EWMC Title 15.
3. The Public Works Manager shall interpret the provisions of EWMC 12 and 13.
B. The request shall be in a form determined by the responsible official and include:
identification of the regulation in question; a description of the property (if applicable); and a
statement of the issue or question to be decided with supporting justification. The request
shall include applicable fees.
C. The responsible official shall issue a written interpretation within a reasonable time, but no
more than 21 days after receipt. The responsible official can request additional information
in order to complete the interpretation.
D. Administrative interpretations are subject to an open record appeal to the City of East
Wenatchee Hearing Examiner.
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19.03 Application Process
19.03.010 Pre-application Conference
19.03.020 Application Submittal
19.03.030 Determination of Completeness
19.03.040 Notice of Application
19.03.050 Agency Referral
19.03.060 Consistency with Development Regulations and SEPA
19.03.070 Vesting of Project permit applications
19.03.010 Pre-application Conference
A. All prospective applicants for Type II and Type III project permit applications shall participate
in a pre-application conference prior to submitting the application to the city. The community
development director has the authority to waive the requirement for a pre-application
conference for certain Type II applications based on size and/or impact.
B. The purpose of the pre-application conference is to:
1. Assist applicants to prepare a code-compliant project permit application;
2. Eliminate the city’s need to request additional information that causes resubmittals,
resubmittal fees, and further city review; and
3. Reduce time frames for approval of project permit applications by expedition issue
resolution through one-on-one collaboration between applicants and city/agency staff.
C. The pre-application conference provides an opportunity for the applicant, staff and other
agencies to informally discuss and review the proposed development, the application and
permit requirements, fees, the review process and schedule, and applicable development
standards, plans, policies and regulations.
D. The pre-application conference shall take place at the city’s offices unless another location
is agreed upon by the city and the applicant. The length of the conference shall be
determined by the complexity of the proposed project.
E. The city will prepare and maintain a written summary of the pre-application conference,
including a list of any specific documents, information, legal descriptions or other
requirements that must be submitted in addition to the requirements of the application.
F. Failure of any agency to provide information shall not constitute a waiver of any of the
standards, criteria or requirements for an application. Any discussion at the pre-application
conference is for the purpose of acquainting the applicant with the known requirements for a
preliminary design and/or proposal. As a result, the discussions shall not bind the city in any
manner or prevent the city’s future enforcement of all applicable codes, plans and
regulations.
G. Review of a project proposal at a preapplication conference does not vest the project.
Vesting only occurs at the time an application is determined to be complete as evidenced by
a written notice of complete application issued by the city as described below.
19.03.020 Application Submittal
A. Application Forms
1. Each application form shall, at a minimum, include the following:
a) The application shall be filled out legibly, in blue or black ink, either hand printed or
typewritten;
b) The name, mailing address, email address, and telephone number of each applicant;
c) The name, mailing address, email address, and telephone number of the applicant’s
representative, if any;
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d) The name, mailing address, email address, and telephone number of each owner of
the subject property, if different than the applicant(s);
e) The name, mailing address, email address, telephone number and contractor
registration number of all contractor’s or design professionals, if any;
f) The parcel number and legal description for each parcel which is the subject of the
proposed development.
g) The original signatures of each applicant and each property owner if different than
the applicant(s);
h) Any other information, documents or materials, as determined by the city, which may
be required in the body of the form or by attachment to the form or as indicated in a
pre-application conference, e.g. a narrative description of the project, including a site
plan as applicable.
2. Each application form shall require designation of a single person or entity to receive
determination and notices required under this code. Where a determination or notice to
the application is required by this code, “applicant” shall mean the person or entity so
designated.
B. Applications shall be made using the appropriate form provided by the City of East
Wenatchee. An application shall consist of all materials required by the applicable
development regulations for the specific permit(s) sought.
19.03.030 Determination of Completeness
A. Within 28 days after receiving the application, the city shall complete an initial review to
determine whether the application has all of the necessary components to review and issue
a decision. The city will mail or provide in person, a written determination of complete or
incomplete application. The application packet shall be determined complete if the city does
not provide a written determination within the 28 day period.
B. An application shall be determined complete only when it contains all of the information and
materials:
1. A fully completed and signed application;
2. Applicable review fees;
3. All information and materials required by the application form;
4. A fully completed and signed environmental checklist for projects subject to review under
the State Environmental Policy Act;
5. A plot plan disclosing all existing and proposed structures and features applicable to the
desired development; for example parking, landscaping, preliminary drainage plans with
supporting calculations, signs, setbacks, etc.
6. Preliminary engineering for streets and utilities, if applicable;
7. Any information required by the city’s shorelines or critical areas regulations;
8. Any additional information and materials identified at the pre-application conference.
9. Information specified for the desired project in appropriate title of the EWMC, state or
federal law;
10. Any supplemental information or special studies identified by the city.
C. For applications determined incomplete, the city shall identify in writing, the specific
requirements, information and materials necessary to constitute a complete application.
Failure to submit the requested information within 90 days of the determination of
incomplete will result in a null and void application with no refund of the filing fees. The
director has the ability to extend the 90 day deadline if the applicant contacts the city prior to
the deadline and provides a date by which the information will be submitted.
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Within 14 days after the city receives the materials identified in the notice of incomplete
application, the city shall issue a determination of completeness or identify the materials that
are still necessary for a complete application.
D. A determination of completeness shall identify, to the extent known, other local, state or
federal agencies that may have jurisdiction over some aspect of the application.
E. A determination of completeness shall not preclude the city from requesting additional
information or studies if new information is required or a change in the proposed
development occurs.
19.03.040 Notice of Application
A. Within 14 days after issuing a determination of completeness, the city shall issue a notice of
application. If an open record pre-decision hearing is required for the application, the notice
of application shall be issued at least 15 days prior to the hearing. The notice shall include,
but not be limited to, the following:
1. The date of the application, the date of the determination of completeness, and the date
of the notice of application;
2. A description of the proposed project action, a list of permits required for the application
and, if applicable, a list of any studies requested.
3. The identification of other required permits not included in the application, to the extent
known by the city;
4. The identification of existing environmental documents which evaluate the proposed
development and the location where the application and any studies can be reviewed.
5. A statement of the public comment period, which shall be 14 days following the date of
the notice of application, and a statement of the right of any person to comment on the
application, receive notice of and participate in any hearings, and request a copy of the
decision, once made, and a statement of any appeal rights.
6. The date, time, location and type of hearing, if applicable, which has been scheduled as
of the date of the notice of application;
7. A statement of the preliminary determination, if one has been made at the time of the
notice of application, of those development regulations which will be used for project
mitigation and of consistency with the type of land use of the proposed site, the density
and intensity of the proposed development, infrastructure necessary to serve the
development, and the character of the development;
8. Any other information determined by the city to be appropriate.
B. Informing the public.
1. Type II administrative project applications. The subject property shall be posted as
follows:
a. A single notice board shall be placed by the applicant at the midpoint of the property
street frontage where it is completely visible to vehicular and pedestrian traffic or as
otherwise directed by the city. Signs shall remain posted and in good repair
throughout the entire comment period.
b. In cases where the subject property has multiple street frontages, is not located on a
public street, or there are other visibility concerns; the community development
director has the ability to require additional notice requirements including, but not
limited to, additional signage and mailed notices.
2. Type III quasi-judicial, IV applications. A written notice of application shall be mailed to
all property owners, according to the county assessor’s records, within 500 feet of the
subject property. 500 feet is the minimum notice distance. This distance may be
increased by the community development director in situations where the size or nature
of the project or property configurations (i.e. large lots) are such that 500 feet will not
provide seasonable and meaningful notice to the public.
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C. Comment period. The public comment period following the issuance of a notice of
application shall be 15 days.
D. Pursuant to RCW 36.70B.110(6), except for a determination of significance, the city may not
issue a threshold determination until after the expiration of the comment period on the notice
of application.
19.03.050 Agency Referral
Within 14 days of issuing a Determination of Completeness the department shall transmit a
copy of the application to each affected city department, utility and government agency for
review and comment, including those responsible for determining compliance with state and
federal requirements. There shall be a 14 day comment period on the application. The
department, utility or agency is presumed to have no comments if comments are not received
within the 14 day period. The director has the ability to grant an extension of time to this
comment period.
Additional agency referral periods may be necessary in circumstances where the applicant
significantly changes the design of the project which affects agency comments. The Community
Development Director shall make the determination if a project change necessitates an
additional agency referral.
19.03.060 Consistency with Development Regulations and SEPA
A. Determination of consistency. Review of an application and proposed development shall be
governed by and be consistent with the fundamental land use planning policies and choices
which have been made in the adopted comprehensive plan and development regulations.
The review process shall consider the type of land use permitted at the proposed site, the
density and intensity of the proposed development, the infrastructure available and needed
to serve the development, the character of the development and its consistency with
development regulations. In the absence of applicable development regulations, the
applicable development criteria in the comprehensive plan or sub-are plan adopted under
RCW 36.70A shall be determinative.
B. Environmental review
1. Project permit applications and development proposals subject to the provisions of the
State Environmental Policy Act (SEPA) shall be reviewed in accordance with the policies
and procedures contained in the city’s SEPA ordinance and as required by the State
Environmental Policy Act.
2. SEPA review shall be conducted concurrently with development project review.
19.03.070 Vesting of Project permit applications
The purpose of this section is to identify certain points in the land use approval process at which
an applicant’s rights become “vested”. Vested rights are defined as the guarantee that an
application will be reviewed and a project can be developed (if a permit is issued) under
regulations and procedures existing at one moment in time and regardless of changes that may
have been made later and prior to final completion of a project or use.
A. Decision Criteria
1. Building Permits.
a. Unless otherwise specified in this chapter, a building permit application shall be
vested against enforcement of an ordinance implementing a change in the city’s
development regulations if a complete application is submitted to the city prior to the
effective date of the ordinance. A vested right shall not arise by virtue of an
application for a conditional use permit, variance, comprehensive plan amendment,
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development regulation amendment, annexation or any other project permit
application submitted prior to the application of the building permit.
b. An applicant must specifically identify a proposed land use or uses in the building
permit application as the intended use of the proposed structure in order to vest the
right to engage in a specific land use against an ordinance implementing a change in
permitted land uses. Building permit applications which do not specifically identify
the proposed use of the proposed structure shall not vest a right to engage in a
specific land use against an ordinance prohibiting the use. Applications which depict
a structure clearly appropriate for only a single land use shall be deemed to satisfy
the requirements of identifying the proposed use.
2. Project permit applications for the subdivision of land. An application for approval of a
short subdivision, major subdivision or binding site plan shall be vested against
enforcement of an ordinance implementing a change in the city’s development
regulations, at the time of a determination of completeness in accordance with EWMC
19.03.030.
3. Project permit applications subject to RCW 90.58 Shoreline Management Act. An
application for a shoreline permit, but not a building permit, shall be vested against
enforcement of an ordinance implementing a change in shoreline regulations set forth in
the East Wenatchee Shoreline Master Program if a complete application in accordance
with EWMC 19.03.030 is submitted prior to the effective date of the ordinance.
Shoreline permit applications that also require a building permit are governed by
subsection (A) of this section.
4. Certain regulatory authority not affected. A project permit application may be denied or
approved with conditions under the authority of the city to protect and enhance the public
safety, health and welfare, and under the State Environmental Policy Act (SEPA) and
the City of East Wenatchee’s SEPA regulations and policies as of the date of vesting,
notwithstanding the fact that the applicant has attained a vested right against
enforcement of an ordinance implementing changes in regulations, codes or procedures
affecting that land use action.
5. Complete application. For Type I permit applications, a “complete application” means an
application which contains all required information and signatures, and which is
accompanied by all fees required to be submitted with the application pursuant to East
Wenatchee Municipal Code, or any formal written rule or procedure adopted by and in
force in the city. For Type II, III permit applications, a “complete application” means a
written determination of completeness in accordance with EWMC 19.03.030 has been
issued.
B. Termination of vested rights
1. Vesting rights are not selectively waivable. An applicant may voluntarily waive their
vesting rights provided they agree in writing that the project will comply with all
development regulations in effect on a different date certain agreed to between the
applicant and the Community Development Director.
2. For any project permit application that has acquired vested rights; those rights shall
terminate if the application expires or is withdrawn.
3. If a project permit application is amended or redesigned to such an extent that a new
determination of completeness is required then vesting for the project shall reset to
the date of the new determination of completeness.
4. Building permits. The vested rights of a building permit shall continue until either the
permit expires or final occupancy is granted.
5. Subdivisions of land.
a. Plats. The lots in a final plat may be developed by the terms of the approval of
the final plat, and the development regulations in effect at the time the
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preliminary plat was deemed complete for a period specified in RCW 58.17.170,
unless the city council finds that a change in conditions creates a serious threat
to the public health, safety or welfare.
b. Short plats and binding site plans. The lots in a short plat or binding site plan
may be developed by the terms of final approval and the development
regulations in effect at the time the application was deemed complete for a period
of five years from the recording date, unless the city council finds that a change
in conditions creates a serious threat to public health, safety or welfare.
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19.04 Open Record Public Hearings
19.04.010 Joint hearings
19.04.020 Hearing Process
19.04.010 Joint hearings
A. At the request of the applicant, the city may combine it’s required hearing on a project permit
application with that of another local, state, regional, federal or other agency if:
1. The hearing is held within the geographical boundary of the city; and
2. The joint hearing can be held within the processing time periods specified within this
Title or the applicant agrees to the schedule in the event that additional time is needed in
order to combine the hearings.
B. The city is authorized to coordinate with the other agencies pursuant to RCW
36.70B.110(7).
19.04.020 Hearing Process
The process identified in this section shall apply to both open record hearings for project permit
applications and open record appeal hearings for administrative appeals.
A. The public hearing for a project permit application shall be held after completion of the public
comment period and at least 15 days after the issuance of any SEPA threshold
determination.
B. At least 10 days before the date of the public hearing, the city shall issue public notice of the
date, time, location and purpose of the hearing. Public notice shall be provided as follows:
1. Publication in the city’s newspaper of record;
2. Posting the agenda of the hearing body on the city’s website; and
3. Mailing notice to:
a. The applicant or appellant;
b. For site specific proposals; all property owners, according to the county assessor’s
records, within 500 feet of the subject property; and
c. Any person who has submitted written comment on the project.
C. At least 10 days before the date of the public hearing, the city shall:
1. In the case of a project permit application; issue a written staff report, integrating the
SEPA review and threshold determination and recommendation regarding the
application(s).
2. In the case of an administrative appeal; issue a staff response to the appellant’s
arguments presented in the appeal packet.
3. For both 1 and 2 above the city shall transmit a copy to the applicant or appellant and
publish on the city’s website.
D. Public hearings shall be conducted in accordance with the rules of procedure adopted by
the hearing body. A public hearing shall be audio or audio-visually recorded.
E. If for any reason the hearing cannot be completed on the date set in the public notice, it may
be continued during the public hearing to a specified date, time and location without further
public notice required.
F. Public Hearings:
1. Type III project permit applications. Following the public hearing, the hearing examiner
shall take the following action.
a. The hearing examiner may approve, approve with conditions, continue the hearing to
another date, time and location, or deny the application.
b. The hearing examiner shall issue a written decision regarding the application(s)
within 10 working days of the close of the public hearing.
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2. Type IV legislative applications and proposals. Following the public hearing, the
planning commission may continue the hearing to another date, time and location or
make a recommendation to approve or deny the application or proposal. When a
recommendation by the planning commission is made the recommendation will be
forwarded to the city council for review and final action pursuant to EWMC 19.06.040.
3. Open record appeal hearings. Following the public hearing, the hearing examiner shall
issue a written decision affirming or reversing the decision that is on appeal within 10
working days of the close of the hearing.
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19.05 Final Decision Process
A. The city will strive to issue a written notice of final decision on an application reviewed
pursuant to either Type II administrative or a Type III quasi-judicial review process within
120 days after the date a complete application is submitted pursuant to EWMC 19.03.030.
In determining the number of days that have elapsed, the following periods shall be
excluded:
1. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional information or materials. The period shall
be calculated from the date the city issues the request for additional information to the
applicant to the date that the applicant resubmits all of the requested information.
2. Any period during which an environmental impact statement (EIS) is being prepared
following a determination of significance pursuant to RCW 43.21C.
3. Any extension of time mutually agreed upon by the applicant and the city.
B. The time limit listed in subsection A above does not apply if an application:
1. Is for, or requires, an amendment to a comprehensive plan or development regulation.
2. Requires the siting of an essential public facility, as provided in RCW 36.70A and as
may be hereafter amended.
3. Is substantially revised by the applicant after a determination of completeness has been
issued, in which case the time period shall start from the date on which the complete
revised project application is submitted pursuant to EWMC 19.05.03.
C. If the city is unable to issue its final decision within the time limits provided for in this section,
it shall provide written notice of this fact to the applicant. The notice shall include a
statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
D. In accordance with state law, the city is not liable for damages which may result from the
failure to issue a timely notice of final decision.
E. Notice of final decision. The notice shall include: a statement of any threshold decision
made under RCW 43.21C; a statement that affected property owners may request a change
in valuation for property tax purposes notwithstanding any program of revaluation; a
statement of the appeals process; and, a link to where the decision can be found on the
city’s website.
F. Method of notice. The notice of final decision shall be provided in the following manner:
1. Mailed to:
a. The applicant(s) and the property owner(s) if different;
b. Any person who prior to issuance of the decision requests to receive the notice of
final decision or has made substantive comment during the permit review process.
2. Posted on the city’s website
3. Mailed to the property owners who received notice of the public hearing pursuant to
EWMC 19.04.020(B)(3)(b).
4. Transmitted to the Douglas County Assessor’s office.
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19.06 Comprehensive Plan/Development Regulation Amendments
19.06.010 Amendments
19.06.020 Review Criteria
19.06.030 Governmental Coordination
19.06.040 Legislative Review Process
19.06.010 Amendments
A. Types of amendments
1. Urban Growth Area Amendments: Proposed amendments to the East Wenatchee
Urban Growth Area may be initiated only by the East Wenatchee City Council or
Planning Commission.
2. Text Amendments: Proposed amendments to the text of goals, policies, objectives,
principles or standards of the comprehensive plan or text changes to the development
regulations may be initiated only by the East Wenatchee City Council or Planning
Commission.
3. Area Wide Map Amendments: A map amendment that is area wide in significance and
usually includes several separate properties under various ownerships may be initiated
only by the East Wenatchee City Council or planning commission.
4. Site Specific Map Amendments: Site specific map amendments apply to a limited
geographical area controlled either by an individual property owner or all property
owners within the designated area. Site specific map amendments may be initiated by
the property owner(s) through a fee paid application process. Applications must be
received by the city no later than 5:00 on the first business day of April. Any applications
received after the first business day of April will be processed the following year.
B. Pursuant to RCW 36.70A.130, the Greater East Wenatchee Area Comprehensive Plan shall
be amended by the city no more than once a year.
19.06.020 Review Criteria
A. General review criteria
1. A detailed statement of what is proposed to be changed and why. Identify the specific
comprehensive plan land use designation map and zoning map that would be amended;
2. The proposed amendment is consistent with the goals of the Washington State Growth
Management Act (RCW 36.70A) and the county wide planning policies.
3. The proposed amendment is consistent with and supported by the goals and policies of
the Greater East Wenatchee Area Comprehensive Plan.
4. The proposed amendment is consistent with comprehensive plan land use designation
siting criteria, if any.
5. The proposed amendment is consistent with and supported by the capital facility
element and transportation element or includes proposed changes so these elements
will be consistent
B. Additional required criterial specific to urban growth boundary changes.
1. The following criteria shall be considered in any review of expansions of the urban
growth boundaries for non-residential purposes.
a. There is a lack of suitable lands within the boundary for the proposed land use;
b. The provision of urban services to the area is prescribed, and funding responsibilities
delineated, in conformity with the capital facilities element and utilities element of the
applicable comprehensive plan;
c. Designated resource lands may not be included unless it is shown that there are no
practicable alternatives; and
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d. The expansion of the urban growth boundary incorporates the amount of land
deemed appropriate to resolve the identified deficiency.
2. In addition to criteria in subsections (1)(a) through (d) of this section, the following
criteria shall also be considered in any review of expansions of urban growth area
boundaries for residential purposes:
a. There is insufficient land suitable for development within the urban growth boundary
to accommodate the adopted population allocation that has not yet been
accommodated;
b. If the urban growth boundary has accommodated the adopted population allocation
prior to adoption of revised population forecasts, the urban growth boundary shall not
be expanded until updated regional population forecasts and allocations have been
adopted, unless the party seeking expansion of the urban growth boundary has
otherwise established a need to accommodate such expansion.
19.06.030 Governmental Coordination
A. Proposed amendments to the East Wenatchee Urban Growth Boundary and accompanying
amendments to the Greater East Wenatchee Area Comprehensive Plan and implementing
development regulations shall be reviewed through the following process.
6. The city will initiate the 60 day review process required by RCW 36.70A.106, and
combine environmental review required by RCW Chapter 43.21C. The review will be
jointly sponsored by the City of East Wenatchee and Douglas County.
7. Early in the joint 60 day review process the City will schedule a joint workshop of the
city’s planning commission and the Douglas County Planning Commission where the city
will present the proposed amendments. The city may choose to have their
representative present the proposed amendments to the Douglas County Planning
Commission, in lieu of a joint planning commission workshop.
8. Upon conclusion of the joint 60 day review process the City of East Wenatchee and
Douglas County shall hold a joint planning commission hearing for the purpose of
developing a recommendation for each jurisdiction’s legislative body.
9. The Douglas County Board of Commissioners and the City of East Wenatchee Council
shall hold a joint public meeting to consider the proposed amendments and planning
commission recommendations. At the public meeting, (or public hearing which may
subsequently be set by the jurisdictions), the Douglas County Board of Commissioners
shall take action on the proposal, followed by the City of East Wenatchee Council.
10. The city shall issue a joint notice of adoption to the Washington Department of
Commerce. Publication of the joint notice of adoption shall be the responsibility of
Douglas County.
B. Proposed amendments to the Greater East Wenatchee Area Comprehensive Plan and
development regulations that involve textual changes and/or map changes to properties
located inside city limits shall be reviewed through the following process.
1. The city will initiate the 60 day review process required by RCW 36.70A.106, and
combine environmental review required by RCW Chapter 43.21C. The review will be
jointly sponsored by the City of East Wenatchee and Douglas County.
2. Early in the joint 60 day review process, the city will have a representative present the
proposed amendment to the Douglas County Planning Commission.
3. Adopted changes to the city’s comprehensive plan and/or development regulations must
be submitted the Douglas County no later than the fourth Monday of October, in order to
be considered during Douglas County’s amendment process for that calendar year.
4. A representative of the city will present the city’s adopted changes during a hearing
before the Douglas County Planning Commission.
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5. Unless inconsistent with the city’s comprehensive plan or RCW 36.70A, Douglas County
agrees to ratify the amendments adopted by the city.
C. Proposed amendments to the Greater East Wenatchee Area Comprehensive
plan/implementing zoning map within the unincorporated portions of the East Wenatchee
Urban Growth Area shall be reviewed through the following process.
1. Douglas County will process proposed map amendments for the Greater East
Wenatchee Area Plan/implementing zoning map within the unincorporated portions of
the East Wenatchee Urban Growth Area in accordance with the county’s established
procedures.
2. Douglas County will initiate the sixty-day review process required by RCW 36.70A.106,
and combine environmental review required by RCW 43.21C. The review will be jointly
sponsored by the City of East Wenatchee and Douglas County.
3. Early in the joint sixty-day review process, Douglas County shall have a representative
present the proposed amendments to the City of East Wenatchee Planning Commission.
4. A Douglas County representative shall present the county’s adopted changes during a
hearing before the City of East Wenatchee Planning Commission.
5. Unless inconsistent with the Greater East Wenatchee Area Comprehensive Plan or
RCW 36.70A, the City of East Wenatchee agrees to ratify the amendments adopted by
Douglas County.
19.06.040 Legislative review process
All comprehensive plan and development regulations amendments will be processed via the
Type IV Legislative process. Applications and proposals shall be processed in accordance with
the applicable sections of EWMC 19.03 Application process and 19.06.030 Governmental
coordination. At the completion of the sixty-day review required by RCW 36.70A.106, the
planning commission shall hold a public hearing in accordance with EWMC 19.04.020.
Following the planning commission’s public hearing, the recommendation of the planning
commission shall be forwarded to the city council. Upon receiving the recommendation from the
planning commission, the city council shall set a public meeting to consider the
recommendation, at which the council may either accept or reject the recommendation.
The city council must hold a public hearing to consider any changes to the recommendation of
the planning commission. The city council may approve, deny or remand the proposal back to
the planning commission for further review after such public hearing.
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19.07 Appeals
19.07.010 Standing to initiate an administrative appeal
19.07.020 Administrative appeals of decisions
19.07.030 SEPA appeals
19.07.040 Judicial appeals
19.07.010 Standing to initiate an administrative appeal
A. Limited to Parties of Record. Only parties of record may file an administrative appeal.
B. Definition. The term “parties of record” for the purposes of this chapter, shall mean:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application;
4. Any person who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters).
19.07.020 Administrative appeals of decisions
A. Filing. Every administrative appeal to the hearing examiner shall be filed with the city within
14 days after the date of the decision of the matter being appealed. In computing the
appeal period, the date the decision is filed is not counted. If the 14-day period ends on a
weekend or a holiday, the following business day shall be the last day of the appeal period.
B. The timely filing of an appeal shall stay the effective date of the decision until such time as
the appeal is adjudicated by the appropriate body
C. Contents. The notice of appeal shall be on forms provided by the city and shall include:
1. A statement identifying the decision being appealed;
2. The name and address of the appellant and his/her interest(s) in the matter;
3. The specific reason why the appellant believed the decision to be wrong, including
identification of each finding of fact, each conclusion, and each condition or action
ordered which the appellant alleges is erroneous. The appellant shall bear the burden of
proving the decision is wrong;
4. The specific desired outcome or changes to the decision; and
5. The appeal fee.
D. Upon receipt of a notice of appeal containing all information required in subsection B of this
section, the city shall schedule an open record appeal hearing with the hearing examiner.
E. Administrative appeal hearings shall follow the open record public hearing process in
EWMC 19.04.020.
19.07.030 SEPA appeals
A. A major purpose of this title is to combine environmental considerations with public
decisions. Therefore, any appeal brought under the State Environmental Policy Act (SEPA)
shall be linked to a specific governmental action. SEPA provides a basis for challenging
whether governmental action is in compliance with the substantive and procedural
provisions of RCW Chapter 43.21C, WAC Chapter 197-11 and Title 18 EWMC. It is not
intended to create an independent cause of action unrelated to a specific governmental
action.
B. Appeals of environmental determinations under SEPA cannot be considered as a stand
alone appeal. A SEPA appeal must be filed as an appeal of the land use permit final
decision.
C. Appeals of environmental determinations under SEPA shall be commenced within the time
required to appeal the governmental action which is subject to environmental review to
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superior court. There shall be no administrative appeal of a city action or failure to act with
respect to environmental decisions under SEPA.
19.07.040 Judicial appeals
The city’s final decision on an application may be appealed by a party of record with standing by
filing a land use petition in Douglas County Superior Court. Such petition must be filed within 21
days after issuance of the decision, as provided in RCW 36.70C.
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19.08 Development Agreements
19.08.010 Type of approval
19.08.020 Authority
19.08.030 General provisions of development agreements
19.08.040 Enforceability
19.08.050 Form of agreement, council approval, recordation
19.08.010 Type of approval
Development agreements shall accompany and be processed in conjunction with the underlying
project permit application.
19.08.020 Authority
The execution of a development agreement is a proper exercise of city police power and
contract authority. The city may consider, and enter into, a development agreement with a
person having ownership or control of real property within the city limits. A development
agreement shall be consistent with all applicable development regulations adopted by the city
under RCW 36.70A.
General provisions of development agreements
A. The development agreement must include the following:
1. The development standards and other provisions that shall apply to and govern and vest
the development, use and mitigation of the development of real property for the duration
of the agreement.
2. Project components which define and detail the allowable sues, residential densities,
commercial or nonresidential area floor area.
3. Location of buffers, landscaping or open space.
4. The amount and payment of impact fees imposed or agreed to in accordance with an y
applicable provisions of state law, local ordinance, any reimbursement provisions, other
financial contributions by the property owner, inspection fees, or dedications.
5. Mitigation measures, development conditions and other requirements of RCW 43.21C
6. Design standards such as architectural treatment, maximum heights, setbacks,
landscaping, drainage and water quality requirements and other development features.
7. Provisions for affordable housing.
8. Parks and common open space preservation.
9. Review procedures and standards for implementing decisions.
10. A build-out or vesting period for application standards.
11. Any other appropriate development requirement or procedure which is based upon a city
policy, rule, regulation or standard.
B. The development agreement shall reserve authority to impose new or different regulations
to the extent required by a serious threat to public health or safety.
19.08.030 Enforceability
Unless amended or terminated, a development agreement is enforceable during its term by a
party to the agreement. A development agreement and the development standards in the
agreement govern during the term of the agreement, or all or that part of the specified build-out
period. The agreement may not be subject to a new or an amendment to a zoning ordinance or
development standard adopted after the effective date of the agreement, unless otherwise
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provided in the agreement. Any permit or approval issued by the city after the execution of the
agreement must be consistent with the development agreement.
19.08.040 Form of agreement, council approval, recordation
A. Form. All development agreements shall be in the form provided by the city attorney’s
office. The city attorney shall approve all development agreements prior to consideration by
the city council.
B. Council Approval. The city council shall only approve development agreements or
amendments thereto, by ordinance.
C. Recordation. Development agreements shall be recorded with the real property records of
the county in which the property is located at the cost of the applicant. During the term of
the development agreement, the agreement is binding on the parties and their successors in
interest.
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19.09 Performance Assurance and Guarantee
19.09.010 Purpose
19.09.020 Performance assurance
19.09.030 Criteria
19.09.010 Purpose
The purpose of this section is to allow individuals developing property to post a performance
assurance device in a sufficient amount to guarantee and warranty the construction of required
improvements, and to protect public property.
19.09.020 Performance assurance
Except where specified, all improvements shall be fully completed prior to the final approval of a
project permit, land divisions, issuance of a certificate of occupancy or actual occupancy, as
directed by applicable codes or regulations, unless an alternative performance assurance
device, a contractual agreement, and agreement and partial funding for a local improvement
district (LID), or bond between the developer and the local jurisdiction has been executed and
approved in accordance with this section.
19.09.030 Criteria
1. The performance assurance device shall be approved by the department as appropriate and
shall be in a form acceptable to the city attorney.
2. Except as may be specified elsewhere in city code, the performance assurance device shall
be for a period of not more than one year for each phase of development, unless a time
schedule for the performance assurance device is approved by the review authority. The
time period may be extended depending on the type of project and phasing schedule.
3. If a performance assurance device or evidence of a similar device is required, the review
authority shall determine the specific type of assurance device required in order to insure
completion of the required conditions of approval. The value of the device shall equal at
least one hundred twenty-five percent of the estimated cost of the required improvements
and shall be utilized by the city to perform any necessary work, and to reimburse the city for
documented administrative costs association with action on the device. If costs incurred by
the local jurisdiction exceed the amount provided by the assurance device, the property
owner shall reimburse the city in full, or the city may file a lien against the subject property
for the amount of any deficit.
4. If the performance device or evidence of a similar device is required the property owner
shall provide the local jurisdiction with an irrevocable notarized agreement granting the city
and its agents the right to enter the property and perform any required work remaining
uncompleted at the expiration of the completion date(s) identified in the assurance device.
5. Upon completion of the required work by the property owner and approval by the city, at or
prior to expiration of the completion date(s) identified in the assurance device, the city shall
promptly release the device or evidence thereof.
6. If bonds or securities are to be used, the review authority shall determine the specific type of
assurance device required. The value of this device shall equal at least one hundred
twenty-five percent of the estimated cost of the improvement to be performed. If costs
incurred by the city exceed the amount provided by the assurance device, the property
owner shall reimburse the city in full, or the city may file a lien against the property for the
excess amount.
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19.11 Definitions
19.11.010 A
Reserved
19.11.020 B
Building Permit
“Building permit means those permits issued pursuant to the following chapters of the EWMC as
now exist or as may hereafter be amended:
1. Chapter 15.04 Building Code
2. Chapter 15.08 Mechanical Code
3. Chapter 15.12 Plumbing Code
4. Chapter 15.16 Fire Code
5. Chapter 15.24 Sign Code
6. Chapter 15.28 State Energy Coe
7. Chapter 15.32 Movement of Buildings
8. Chapter 15.36 Mobile Homes
9. Chapter 15.44 Flood Hazard Areas
19.11.030 C
Reserved
19.11.040 D
Director
“Director” means the City of East Wenatchee Community Development Director or his/her
designee.
19.11.050 E
Exterior Boundaries
“Exterior boundaries” means all property located adjacent to the area of a proposed project
action subject to a project permit, and located adjacent to other property owned by the project
permit applicant, which property is located adjacent to the proposed project permit property
boundary.
19.11.060 F
Reserved
19.11.070 G
Reserved
19.11.080 H
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Reserved
19.11.090 I
Reserved
19.11.100 J
Reserved
19.11.110 K
Reserved
19.11.120 L
Local Government
“Local Government” means the City of East Wenatchee.
19.11.130 M
Reserved
19.11.140 N
Reserved
19.11.150 O
Open Record Hearing
“Open Record Hearing” means a hearing conducted by a single hearing body or officer
including, but not limited to, the hearing examiner or planning commission, authorized by the
city council to conduct such hearings, that creates the city’s record through testimony and
submission of evidence and information, under procedures prescribed under EWMC 19.04. An
open record hearing may be held prior to the city’s decision on a project permit or on an appeal
if no open record hearing has been held on the project permit.
19.11.160 P
Parties of Record
“Parties of Record” means:
1. The applicant;
2. The property owner (if different from the applicant);
3. Any person who testified at the open record public hearing on the application; and
4. Any person who submitted written comments concerning the application (excluding
persons who have only signed petitions or mechanically produced form letters.
Project Permit
“Project permit” means any land use or environmental permit or license require from the city for
a project action including, but not limited to, building permits, boundary line adjustments, sign
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permits, binding site plans, critical areas permits, home occupation permits, subdivisions,
conditional use permits, planned unit developments, variances, shoreline permits (exemptions,
substantial development, conditional use, variance). Comprehensive plan amendments,
rezones and development regulations amendments are not considered project permits.
Public Meeting
“Public meeting” means an informal meeting, hearing or workshop, or other public gathering to
obtain comments from the public or other agencies on an application, proposed action or issue
of community interest. A public meeting does not constitute an open record hearing.
19.11.170 Q
Reserved
19.11.180 R
Reserved
19.11.190 S
Reserved
19.11.200 T
Reserved
19.11.210 U
Reserved
19.11.220 V
Reserved
19.11.230 W
Reserved
19.11.240 X
Reserved
19.11.250 Y
Reserved
19.11.260 Z
Reserved