Sec. 26-198. - Decision of the City Council. — West Covina Zoning Code

(a)

Action by the City Council on an application or appeal shall be by majority vote of a quorum of the City Council and shall be final and conclusive. Any ordinance or resolution of the City Council shall require three (3) affirmative votes of the City Council.

(b)

If a City Council vote on an application result in a tie, or if the City Council does not take action on the application, such tie vote or lack of action shall constitute a denial of the application.

(c)

If a City Council vote on an appeal results in a tie, or if the City Council does not take action on the appeal, the decision of the Planning Commission shall stand.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-199. - Refiling projects.

A denied project may not be resubmitted to the City for review and approval in substantially the same form for at least one (1) year from the date of denial.

Table 6-1 Authority for Land Use and Zoning Decisions

Type of Permit	Procedure Section	Community Development Director	Planning Commission	City Council
Reasonable Accommodation	Article VI division 2	Decision	Appeal
Precise Plan	Article VI division 3	Recommendation	Decision	Appeal
Conditional Use Permit (private property)	Article VI division 4	Recommendation	Decision	Appeal
Conditional Use Permit (public property)	Article VI division 4	Recommendation	—	Decision
Variances	Article VI division 5	Recommendation	Decision	Appeal
Administrative Permit	Article VI division 6	Decision*	Appeal
Minor Modifcation	Article VI division 7	Decision *	Appeal
Film Permit	Article VI division 8	Decision	Appeal	Appeal
Second Unit Review (ADU)	Article VI division 9	Decision	—	—
Preservation, Protection, & Removal of Trees	Article VI division 10	Decision*	Appeal	Appeal
* If associated with a development application, the decision body of the development applications shall determine the decision. If the subject project is located in the public right-of-way, then City Council is the decision body for the appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 2. - REASONABLE ACCOMMODATION

Sec. 26-200. - Purpose.

(a)

The purpose of this division is to establish a formal procedure for individuals with disabilities and their representatives to request reasonable accommodation, as provided by the federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act (the "Acts").

(b)

Reasonable accommodation means providing a modification to the application of City rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-201. - Applicability.

A request for reasonable accommodation allows an individual, his or her representative, or a developer or provider of housing, to seek relief from any City rule, policy, practice, or service, including but not limited to land use regulations and procedures found in chapter 26 (zoning) of this Code, that may be necessary to ensure equal access to housing for an individual with a disability.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)