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Correspondence - Item 21
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Correspondence - Item 21
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21
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4/2/2024
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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 provisions of the RSO. Our conclusion that an Apartment <br />House may include short-term or long-term occupancies does We Concur: <br />not conflict with the RSO or the TOT. <br />DISPOSITION <br />GRIMES, Acting P. J. <br />WILEY, J. <br />All Citations <br />The judgment is affirmed. Venice Suites is entitled to costs <br />on appeal. 71 Cal.App.5th 715, 286 Cal.Rptr.3d 598, 21 Cal. Daily Op. <br />Serv. 11,565, 2021 Daily Journal D.A.R. 11,835 <br />Footnotes <br />Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of <br />the California Constitution. <br />LAMC section 12.03 defines an Apartment House as "A residential building designed or used for three or <br />more dwelling units or a combination of three or more dwelling units and not more than five guest rooms <br />or suites of rooms." <br />2 Under the Mello Act, "[t]he conversion or demolition of existing residential dwelling units occupied by persons <br />and families of low or moderate income ... shall not be authorized unless provision has been made for the <br />replacement of those dwelling units with units for persons and families of low or moderate income." (Gov. <br />Code, § 65590, subd. (b).) The City must first determine "that replacement of all or any portion of the converted <br />or demolished dwelling units is feasible ...." (Gov. Code, § 65590, subd. (b).) Once the City makes such a <br />determination, then replacing dwelling units occupied by persons and families of low or moderate income is <br />required. (Gov. Code, § 65590, subd. (b).) <br />Venice Suites does not argue the deposition testimony or the City's report are dispositive of the issue. The <br />parties acknowledge a city's interpretation of an ambiguous portion of its own code "is entitled to deference," <br />but the court independently reviews the meaning or application of the law. (PCity of Monterey v. Carrnshimba <br />(2013) 215 Cal.AppAth 1068, 1091, 156 Cal.Rptr.3d 1 (�_]Carrnshimba).) For purposes of this opinion, we <br />conclude we need not rely on the City's interpretations of the LAMC. <br />4 Civil Code section 1645 provides "[t]echnical words are to be interpreted as usually understood by persons <br />in the profession or business to which they relate, unless clearly used in a different sense." It does not apply <br />here. <br />In further support of their argument that an Apartment House is intended for long-term occupancy, the People <br />indicate in their reply brief that the definition of apartment house contained in the California Building Code <br />includes "primarily permanent" occupants. (24 Cal. Code of Reg., § 310.3.) This definition is adopted by the <br />Los Angeles Building Code (LAMC, § 91.101.1, et seq.). We find the argument irrelevant to the issue at hand. <br />As shown above, the Zoning Code provides a definition for Apartment House and we may not disregard it to <br />adopt a definition provided in a different section of the LAMC or in a state regulation. Accordingly, we deny the <br />People's supplemental request for judicial notice of LAMC sections 91.201 and 91.202, filed April 26, 2021. <br />WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works. <br />
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