Form ABC-255 "Zoning Affidavit" - California

What Is Form ABC-255?

This is a legal form that was released by the California Department of Alcoholic Beverage Control - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2019;
  • The latest edition provided by the California Department of Alcoholic Beverage Control;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form ABC-255 by clicking the link below or browse more documents and templates provided by the California Department of Alcoholic Beverage Control.

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Download Form ABC-255 "Zoning Affidavit" - California

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State of California
Department of Alcoholic Beverage Control
Gavin Newsom, Governor
ZONING AFFIDAVIT
Instructions to the Applicant: Complete Items 1 - 14. Sign and date the form and submit it to ABC.
1. APPLICANT(S) NAME (Last, first, middle)
2. PREMISES ADDRESS (Street number and name, city, zip code)
3. PARCEL NUMBER OF PROPERTY (Obtain from
County Assessor's Office)
4. TYPE OF LICENSE APPLIED FOR
5. UPGRADE OF LICENSED PRIVILEGES
6. CURRENT LICENSE TYPE AT THIS LOCATION, IF ANY
Yes
No
7. TYPE OF BUSINESS (i.e., restaurant, mini-mart, gas station, etc.)
8. ARE THE PREMISES INSIDE THE CITY LIMITS?
Yes
No
For answers to Questions 8 - 14, contact your local city OR county planning department (if inside the city limits, contact city
planning; if outside, contact county planning.
9. HOW ARE APPLICANT PREMISES ZONED? STATE TYPE (i.e., "C" commercial, "R" residential, etc.)
10. DOES ZONING PERMIT INTENDED USE?
11. IS A CONDITIONAL USE PERMIT (C.U.P.) NEEDED?
12. IF YES, DATE YOU FILED APPLICATION FOR C.U.P.
(If yes, please attach copy of receipt or C.U.P.)
Yes
No
Yes
No
13. NAME OF PLANNER CONTACTED AT PLANNING DEPARTMENT
14. PLANNER'S PHONE NUMBER
Under the penalty of perjury, I declare the information in this affidavit is true to the best of my
15. APPLICANT'S SIGNATURE (One signature will suffice)
16. DATE SIGNED
FOR DEPARTMENT USE ONLY
IF APPROVED, EFFECTIVE DATE
FILE NUMBER
C.U.P. Approved
DATE DENIED
C.U.P. Denied
GENERAL INFORMATION
•Section 23790 of the Business and Professions Code says
Premises which had been used in the exercise of those
t
hat ABC
may not issue a retail license contrary to a
rights and privileges at a time prior to the effective
valid zoning ordinance. This form will help us determine
date of the zoning ordinance may continue operation
whether your proposed business is properly zoned for
under the following conditions:
alcoholic beverage sales.
(a) The premises retain the same type of retail liquor
license within a license classification.
•A conditional use permit (CUP) (Item 11) is a special
(b) The licensed premises are operated continuously
z
oning permit granted after an individual review of proposed
without substantial change in mode or character of
land-use has been made. CUP's are used in situations where
operation.
the proposed use may create hardships or hazards to
For purposes of this subdivision, a break in
continuous operation does not include:
neighbors and other community members who are likely to
(1) A closure for not more than 30 days for purposes
be affected by the proposed use. The ABC district office will
of repair, if that repair does not change the nature of
not make a final recommendation on your license application
the licensed premises and does not increase the square
until after the local CUP review process has been completed.
footage of the business used for the sale of alcoholic
If the local government denies the CUP, ABC must deny
beverages.
your license application.
(2) The closure for restoration of premises rendered
totally or partially inaccessible by an act of God or a
23790. Zoning ordinances. No retail license shall be issued
toxic accident, if the restoration does not increase the
for any premises which are located in any territory where the
square footage of the business used for the sale of
exercise of the rights and privileges conferred by the license
alcoholic beverages.
is contrary to a valid zoning ordinance of any county or city.
ABC-255 (rev. 01/19)
State of California
Department of Alcoholic Beverage Control
Gavin Newsom, Governor
ZONING AFFIDAVIT
Instructions to the Applicant: Complete Items 1 - 14. Sign and date the form and submit it to ABC.
1. APPLICANT(S) NAME (Last, first, middle)
2. PREMISES ADDRESS (Street number and name, city, zip code)
3. PARCEL NUMBER OF PROPERTY (Obtain from
County Assessor's Office)
4. TYPE OF LICENSE APPLIED FOR
5. UPGRADE OF LICENSED PRIVILEGES
6. CURRENT LICENSE TYPE AT THIS LOCATION, IF ANY
Yes
No
7. TYPE OF BUSINESS (i.e., restaurant, mini-mart, gas station, etc.)
8. ARE THE PREMISES INSIDE THE CITY LIMITS?
Yes
No
For answers to Questions 8 - 14, contact your local city OR county planning department (if inside the city limits, contact city
planning; if outside, contact county planning.
9. HOW ARE APPLICANT PREMISES ZONED? STATE TYPE (i.e., "C" commercial, "R" residential, etc.)
10. DOES ZONING PERMIT INTENDED USE?
11. IS A CONDITIONAL USE PERMIT (C.U.P.) NEEDED?
12. IF YES, DATE YOU FILED APPLICATION FOR C.U.P.
(If yes, please attach copy of receipt or C.U.P.)
Yes
No
Yes
No
13. NAME OF PLANNER CONTACTED AT PLANNING DEPARTMENT
14. PLANNER'S PHONE NUMBER
Under the penalty of perjury, I declare the information in this affidavit is true to the best of my
15. APPLICANT'S SIGNATURE (One signature will suffice)
16. DATE SIGNED
FOR DEPARTMENT USE ONLY
IF APPROVED, EFFECTIVE DATE
FILE NUMBER
C.U.P. Approved
DATE DENIED
C.U.P. Denied
GENERAL INFORMATION
•Section 23790 of the Business and Professions Code says
Premises which had been used in the exercise of those
t
hat ABC
may not issue a retail license contrary to a
rights and privileges at a time prior to the effective
valid zoning ordinance. This form will help us determine
date of the zoning ordinance may continue operation
whether your proposed business is properly zoned for
under the following conditions:
alcoholic beverage sales.
(a) The premises retain the same type of retail liquor
license within a license classification.
•A conditional use permit (CUP) (Item 11) is a special
(b) The licensed premises are operated continuously
z
oning permit granted after an individual review of proposed
without substantial change in mode or character of
land-use has been made. CUP's are used in situations where
operation.
the proposed use may create hardships or hazards to
For purposes of this subdivision, a break in
continuous operation does not include:
neighbors and other community members who are likely to
(1) A closure for not more than 30 days for purposes
be affected by the proposed use. The ABC district office will
of repair, if that repair does not change the nature of
not make a final recommendation on your license application
the licensed premises and does not increase the square
until after the local CUP review process has been completed.
footage of the business used for the sale of alcoholic
If the local government denies the CUP, ABC must deny
beverages.
your license application.
(2) The closure for restoration of premises rendered
totally or partially inaccessible by an act of God or a
23790. Zoning ordinances. No retail license shall be issued
toxic accident, if the restoration does not increase the
for any premises which are located in any territory where the
square footage of the business used for the sale of
exercise of the rights and privileges conferred by the license
alcoholic beverages.
is contrary to a valid zoning ordinance of any county or city.
ABC-255 (rev. 01/19)