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People v. Venice Suites, LLC, 71 Cal.App.5th 715 (2021) <br />286 Cal.Rptr.3d 598, 21 Cal. Daily Op. Serv. 11,565, 2021 Daily Journal D.A.R. 11,835 <br />The People challenge this conclusion on several grounds. <br />First, they contend the common use of the term apartment <br />house informs the definition provided by the Zoning Code, <br />which is incomplete because it only sets forth a physical <br />description. Second, the People apply a permissive zoning <br />scheme to argue an Apartment House is converted to a TORS <br />when it is rented on a short-term basis and a TORS is not an <br />allowable use in an R3 zone. Third, the People repeat their <br />argument below, relying on disparate provisions of the Zoning <br />Code, RSO, and TOT to contend transients may not occupy <br />Apartment Houses. We are not persuaded. <br />Cal.Rptr.3d 340.) We must give the words of the statute a <br />workable and reasonable interpretation keeping in mind the <br />consequences that will flow from our interpretation. (Watkins <br />u County of Alameda (2009) 177 Cal.AppAth 320, 336, 98 <br />Cal.Rptr.3d 847.) <br />*728 B. Relevant Provisions of the LAMC <br />The ordinances relevant to the parties' arguments are as <br />follows: <br />1. The Zoning Code <br />A. Principles of Statutory Interpretation "The purpose of [the Zoning Code] is to consolidate and <br />[14] [15] [16] [17] [18] The proper interpretatidWordinate all existing zoning regulations and provisions into <br />of a statute is a question of law we review de novo. one comprehensive zoning plan in order to designate, regulate <br />and restrict the location and use of buildings, structures and <br />(�CaYY12Sl2imba, supra, 215 Cal.AppAth at p. 1081, 156 land, for agriculture, residence, commerce, trade, industry or <br />Cal.Rptr.3d 1.) "Courts interpret municipal ordinances in other purposes ...... (LAMC, § 12.02.) <br />the same manner and pursuant to the same rules applicable <br />to the interpretation of statutes." (FMId. at p. 1087, 156 The Zoning Code provides the following definitions under <br />Cal.Rptr.3d 1.) " ` " `As in any case involving statutory LAMC section 12.03: <br />interpretation, our fundamental task here is to determine the <br />Legislature's intent so as to effectuate the law's purpose. APARTMENT. Same as dwelling unit. (Added by Ord. <br />[Citation.] We begin by examining the statute's words, giving No. 107,884, Eff. 9/23/56.) <br />them a plain and commonsense meaning.'" ' " (FMPeople v APARTMENT HOTEL. A residential building designed <br />Gonzalez (2017) 2 Cal.5th 1138, 1141, 218 Cal.Rptr.3d 150, or used for both two or more dwelling units and six or more <br />394 P.3d 1074.) " `[W]e look to "the entire substance of the guest rooms or suites of rooms. (Amended by Ord. No. <br />statute ... in order to determine the scope and purpose of the 107,884, Eff. 9/23/56.) <br />provision .... [Citation.]" [Citation.] That is, we construe the <br />words in question " `in context, keeping in mind the nature APARTMENT HOUSE. A residential building designed <br />and obvious purpose of the statute ....' [Citation.]" [Citation.] or used for three or more dwelling units or a combination of <br />We must harmonize "the various parts of a **607 statutory three or more dwelling units and not more than five guest <br />enactment ... by considering the particular clause or section in rooms or suites of rooms. (Amended by Ord. No. 107,884, <br />the context of the statutory framework as a whole." ' " (People Eff. 9/23/56.) <br />u Arroyo (2016) 62 CalAth 589, 595, 197 Cal.Rptr.3d 122, DWELLING UNIT. A group of two or more rooms, one <br />364 P.3d 168.) f h' h' k't h d 4 df b f '1 <br />[19] [20] [21] If the statutory language is susceptible <br />of more than one reasonable interpretation, the courts look <br />to "extrinsic aids, including the ostensible objects to be <br />achieved, the evils to be remedied, the legislative history, <br />public policy, contemporaneous administrative construction, <br />and the statutory scheme of which the statute is a part. <br />[Citations.]" (People v Woodhead (1987) 43 Cal.3d 1002, <br />1008, 239 Cal.Rptr. 656, 741 P.2d 154.) We interpret the <br />statute using " `reason, practicality, and common sense to the <br />language at hand.' [Citation.]" (lllllwAilanto Properties, Inc. v <br />City of Half Moon Bay (2006) 142 Cal.AppAth 572, 583, 48 <br />o w is is a i c en, esigne or occupancy y one ami y <br />for living and sleeping purposes. (Amended by Ord. No. <br />107,884, Eff. 9/23/56.) <br />GUEST ROOM. Any habitable room except a kitchen, <br />designed or used for occupancy by one or more persons and <br />not in a dwelling unit. (Added by Ord. No. 107,884, Eff. <br />9/23/56.) <br />HOTEL. A residential building designated or used for or <br />containing six or more guest rooms, or suites of rooms, <br />which may also contain not more than one dwelling unit, <br />but not including any institution in which human beings are <br />WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works. 8 <br />