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People v. Venice Suites, LLC, 71 Cal.App.5th 715 (2021) 286 Cal.Rptr.3d 598, 21 Cal. Daily Op. Serv. 11,565, 2021 Daily Journal D.A.R. 11,835 motion reveals the trial court accurately set out the People's argument. [111 By contrast, the People set forth several arguments on appeal. They first argue an R3 zone is residential in nature, and the common usage of the term apartment house provides context to the incomplete definition in the Zoning Code. They also contend the City operates under a permissive zoning scheme, where only expressly authorized uses are permitted while all other uses are prohibited. According to the People, the Zoning Code only expressly permits short- term occupancy in a TORS. An Apartment House contains the same physical characteristics as a TORS and becomes a TORS if it is occupied on a short-term basis. Because a TORS is not permitted for use in an R3 zone, an Apartment House may not be occupied on a short-term basis in an R3 zone. These arguments were not presented to the trial court. The People argue, however, the issues raised on appeal present pure questions of law which do not implicate any factual disputes. We agree the interpretation of the LAMC is a question of law which we decide de novo. [12] We are not persuaded by Venice Suites's contention that the People's permissive zoning argument raises factual issues not addressed below. In particular, Venice Suites contends the record was not developed as to the City Council's intent when it adopted the TORS definition in 1992. (Ord. No 167,689, Eff. 5/9/92.) The ascertainment of legislative intent is a legal question, not a factual one. (Roussos v Roussos (2021) 60 Cal.App.5th 962, 973, 275 Cal.Rptr.3d 196.) Venice Suites also asserts it was not provided the opportunity to argue whether it retained vested rights to continue the use of 417 OFW for short-term rentals because that argument was not implicated by the briefing below. Not so. In their combined cross -motion for summary judgment and opposition to the People's summary judgment motion, Venice Suites asserted their "vested rights to offer [short-term rentals] at the Property survived consolidation of Venice with Los Angeles." Venice Suites does not explain whether and how its vested rights argument would be different under a permissive zoning theory. Additionally, Venice Suites contends it was prevented from exploring the permissive zoning theory in discovery because the City did not take this position below. That discovery on the City's interpretation of the LAMC under a permissive zoning *726 theory may have been conducted does not convert the question from a legal one to a factual one. None of Venice Suites's arguments prevent us from exercising our discretion to consider a legal question that does not involve controverted facts. III. The LAMC Does Not Regulate the Length of Occupancy in An Apartment House in a R3 Zone [13] To prevail on its cross -motion for summary judgment or summary adjudication, Venice Suites was required to show that one or more elements of the causes of action at issue could not be established. The People alleged Venice Suites converted 417 OFW into a de facto hotel or TORS despite its location in a R3 residential zone that does not authorize short- term rentals. This allegation forms the basis for the first and second causes of action. The trial court found "417 OFW is an apartment house, and that renting units at 417 OFW on a short-term basis is not prohibited by the [LAMC], nor does it change the use of 417 **606 OFW such that it is instead a hotel or a TORS [footnote omitted]." We agree with the trial court that the LAMC does not regulate the length of occupancy in Apartment Houses in R3 zones. The material facts in this case are undisputed: 417 OFW is permitted to operate as an Apartment House and it is located within an R3 Multiple Dwelling zone. The parties' dispute lies in whether an Apartment House in an R3 zone may be used for short-term occupancies of 30 days or less. We must look to the Zoning Code to determine what uses are authorized for an Apartment House in an R3 zone because the Zoning Code sets forth a "comprehensive plan" for the use of buildings in the City for residential purposes. As we have set out in footnote 1, the Zoning Code defines an Apartment House as a "residential building" that contains a certain combination of dwelling units, guest rooms or suites of rooms. A "residential building" is used for human habitation without regard to length of occupancy and describes every type of building at issue, including an apartment hotel, an Apartment House, a TORS, and a hotel. In short, none of the relevant definitions specify a length of occupancy. (LAMC, § 12.03.) Neither does the list of permitted uses in an R3 zone, which includes Apartment Houses, specify a length of occupancy. (LAMC, § 12.10.) The plain language of the Zoning Code tells us an Apartment House is permitted to operate in an R3 zone so long as it meets the physical characteristics of an Apartment House and it is used for human habitation. There is no dispute 417 OFW meets both of those requirements. The People cannot show Venice Suites has violated the LAMC by renting it on a short- term basis because the LAMC does *727 not regulate the length of occupancy for an Apartment House in an R3 zone. The trial court properly granted summary adjudication as to the first and second causes of action. WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works.