California ABC Form 220 Zoning Affidavit: Planning Signoff and Filing

The California ABC Form 220 zoning affidavit is now officially called the ABC-255, and it is the document your local planning department signs to confirm your proposed premises is zoned for alcohol sales before the Department of Alcoholic Beverage Control will issue a retail license.1California Legislative Information. California Code Business and Professions Code 23790 You fill in the top half, a city or county planning official fills in and signs the bottom half, and the completed form goes to your ABC district office with the rest of your application. The form number changed, but the content and purpose did not, so planning departments and ABC staff both recognize it under either name.

Download the current version from the Licensing Forms page on the ABC website; the file is a fillable PDF listed as ABC-255.2Alcoholic Beverage Control. Licensing Forms

When the Affidavit Is Required

You need a signed zoning affidavit for any new original retail license, whether on-sale (restaurants, bars) or off-sale (liquor stores, grocery). A premises-to-premises transfer also triggers it, because you are moving an existing license to an address ABC has not yet cleared for zoning.3Alcoholic Beverage Control. Premises to Premises Transfer Non-retail licenses are generally exempt, with one exception: a combined Type 17/20 application still requires the affidavit.

Completing the Applicant Section

The top of the form belongs to you. Enter the legal name of the person or entity applying for the license exactly as it appears on your primary ABC application. For an LLC or corporation, use the registered entity name from your corporate filings, not a DBA. Add the full street address of the premises, including suite or unit number, because that address defines the physical footprint the planning department will evaluate.

Specify the license type you are seeking. The common general licenses, covering beer, wine, and distilled spirits, are Types 21, 47, and 48. The common beer-and-wine licenses are Types 20, 41, and 42.4Alcoholic Beverage Control. Application Fee Schedules The license type drives the zoning analysis, so an error here can produce a signed affidavit that does not actually clear the use you intend to operate.

Describe your intended operations in concrete terms. “Full-service restaurant with on-sale beer and wine” tells a planner what to check against the zoning code. “Restaurant” does not, and vague descriptions are a common reason the planning review slows down or comes back with questions.

Getting the Local Planning Department Signature

The lower portion of the affidavit can only be completed by a local government official. The form directs you to the planning department of the city if your premises sits inside city limits, or the county if it falls in unincorporated territory.5Department of Alcoholic Beverage Control. ABC-255 Zoning Affidavit If your site is near a city boundary, confirm the jurisdiction before you arrive, because a signature from the wrong agency is not valid.

Bring the partially completed form to the planning counter. A planner looks up the property’s zoning designation, decides whether your proposed alcohol sales are a permitted use or require a conditional use permit, fills in the local-government questions, and signs. Some departments handle this at the counter in a single visit. Others take several business days or require an appointment, and most charge a fee for the verification. Call ahead to confirm the process and the cost in your jurisdiction.

If a Conditional Use Permit Is Required

When the zoning code allows alcohol sales only with a conditional use permit (CUP), the planner cannot just sign and release you. You have to run the local CUP process first, which usually means a formal application, neighbor notification, a public hearing, and a decision by a planning commission or zoning authority. California law expressly preserves local authority to require CUPs for alcohol sales, and ABC will not finalize your license until the local permit is in hand.6California Legislative Information. California Code Business and Professions Code 23790.5

The affidavit itself states that if the local government denies a required land-use permit, ABC must deny the license application.5Department of Alcoholic Beverage Control. ABC-255 Zoning Affidavit A site that needs a CUP is a site where your license is contingent on a discretionary local decision, so plan the timeline and the risk accordingly.

Overconcentration and Public Convenience or Necessity

Zoning is not the only location-based check. Under Business and Professions Code Section 23958.4, a census tract is overconcentrated when the ratio of licenses to population exceeds the countywide average, or when the crime reporting district has at least 20 percent more reported crimes than the jurisdictional average.7California Legislative Information. California Code Business and Professions Code BPC 23958.4 ABC publishes census tract reports so you can check these numbers before committing to a lease.8Alcoholic Beverage Control. License Application Requirements

In an overconcentrated area, the local governing body must find that issuing your license serves the “public convenience or necessity” before ABC will proceed. That is a separate local approval on top of the zoning affidavit, and it is a frequent reason applications stall in dense urban neighborhoods.

Submitting the Signed Affidavit to ABC

Once the planning official has signed, deliver the completed affidavit to the ABC district office that covers your premises. ABC operates 22 district offices across the state, assigned by geography.9Alcoholic Beverage Control. Contact Filing is generally an in-person step rather than a mail-in one, because the broader application process also involves personal history affidavits, fee payment, and an ABC laws video.10Alcoholic Beverage Control. Transfer or Change a License

The affidavit is one piece of a larger package, and the sequencing matters. Some applicants are required to obtain zoning approval before filing with ABC, so ask your district office early whether you should secure the signed affidavit first or bring it with the rest of the application.10Alcoholic Beverage Control. Transfer or Change a License Application fees vary widely by license type, from roughly $1,135 for a new non-general license like a Type 41 to $7,515 for a new Type 47 On-Sale General for an eating place on public property; a premises-to-premises transfer is $975.4Alcoholic Beverage Control. Application Fee Schedules

Consistency across documents matters. If the business name on the affidavit does not match your corporate filings or your primary ABC application, the investigation will stall until you correct it.

If the Planning Department Will Not Sign

If the planner refuses to sign because your proposed use violates the zoning code, ABC cannot issue the license. You have two realistic paths. One is to pursue a zoning variance or conditional use permit through the local zoning board of appeals, which generally requires a formal application, a public hearing, and written findings; success depends on showing that your particular site and operation will not harm the surrounding neighborhood. The other is to abandon the location and find a site that is already properly zoned, which is often faster when the current classification flatly prohibits alcohol sales rather than merely requiring a discretionary permit.

Either way, confirm the property’s zoning designation with the local planning department before you sign a commercial lease. A short phone call at the start can prevent months of wasted effort and nonrefundable application fees.