Hi,
I’m buying a park in small city in california. I asked the city for Certificate of zoning and they said " they dont issue certificate of zoinng nor this park has one , but said "mobile home park is a legal land use at the subject address that has been grandfathered in, on Planning Department’s end, there is no issues or violation concerning the legitimacy of the mobile home park.
please advise if this will be fine , it’s in a written email from city , or do i have to have Cetificate of zoning
You will find that due diligence is not a binary activity. There is no yes or no in many cases. Many of the points that you have to review are on a continuum from worst case to best case. Thus, there is no “requirement” for what you need, and ultimately the outcome of your due diligence rest with you and your comfort level. For this point, on the continuum, the worst case would be you have a letter from the city saying the park is not in compliance and must be shut down. At the other end is the Certificate of Zoning that says the park is in compliance and free to operate. You will have to settle for something in the middle, and you are already there with the email that you have. Even better would be to have a land use attorney draft a document stating your understandings of the legitimacy of the property and present it to the city official to sign. If they do, you at least will have that in writing, which is better than an informal email.
@sam1
The local Planning Department has ZERO authority over the park once it’s built (some exceptions for park built structures like the clubhouse and amenities).
So long as you have an active Permit To Operate you are fine.
CA HSC 18300
(a) This part applies to all parts of the state and supersedes any ordinance enacted by any city, county, or city and county, whether general law or chartered, applicable to this part. Except as provided in Section 18930, the department may adopt regulations to interpret and make specific this part and, when adopted, the regulations shall apply to all parts of the state.
thank you @SDGuy , yes the park has a valid pto so which is good. This is my frist park that’s why bit nervous on permits and stuff, i do come from residential investing and that’s bit different.
So I’m assuming i should be fine without the CO since the park has vaild PTO and that email states that it’s legal. Also how do i get PTO when i close the deal.
@sam1,
Yes, you are fine. A valid PTO is all you need.
You will either have to submit an HCD form 500 to the local jurisdiction or to HCD with a $10.00 fee. When you looked up your PTO on the HCD website it should inform you who is the enforcement agency under the “Jurisdiction” column.