§ 103.103. Preemptions.
10 CA ADC § 103.103Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 10. Investment
Chapter 2. Savings and Loan Commissioner (Refs & Annos)
Subchapter 3. Applications and Hearings
Article 1. Applications and Hearings: New Facilities, Branches, Changes of Location, Agencies, Conversions from a Federal to State Association, Changes of Name and Amendments of Articles of Incorporation
10 CCR § 103.103
§ 103.103. Preemptions.
(1) Except as stated in paragraphs (3), (4), (5) and (6) below, the area of preemption for a new association or branch located within a Standard Metropolitan Statistical Area (SMSA) shall be a circle with a radius of one mile measured by a straight line from the location of the new association or branch, as stated in the application.
(3) The area of preemption for a new association or branch located within the Central Business Districts (CBD), as defined in U.S. Department of Commerce, 1977 Census of Business, Major Retail Centers in Standard Metropolitan Statistical Areas, California, and any amendments, of the following cities, shall be a circle with a radius of one-eighth mile measured by a straight line from the location of the new association or branch, as stated in the application, except that it shall not extend beyond the boundaries of the CBD:
Anaheim | Pasadena | |
Berkeley | Sacramento | |
Fresno | San Diego | |
Glendale | San Francisco | |
Long Beach | San Jose | |
Los Angeles | Santa Ana | |
Oakland |
The preemption area of a location outside a CBD of a city listed above shall not extend into the CBD of that city.
(6) The area of preemption for a new association or branch located within an opened or unopened Regional Shopping Center (RSC), or within one-quarter of a mile of the perimeter of an RSC, shall be the shopping center area plus the area extending one-quarter of a mile from any point on the perimeter of the shopping center. “Perimeter” is defined as the outermost boundaries of the shopping center, including the parking lots. The area of preemption for a new association or branch located more than one-quarter of a mile from the perimeter of an RSC shall not extend into the above area of preemption.
(7) Applications for new associations or branches shall state a specific address. If not known, the application shall state a specific intersection as the approximate location for the facility. Areas of preemption shall be established at the time the application is filed, and shall be measured from such specific address or from the midpoint of the stated intersection.
(1) If the commissioner approves the Articles of Incorporation of a new association, the commissioner shall not issue an approval of any application for a new association, or branch in that association's area of preemption for a period of 24 months from the date of such approval, or 12 months from date of opening, whichever occurs first.
(3) If the commissioner approves the establishment of a branch within an opened RSC, or within one-quarter of a mile of the perimeter of such RSC, the commissioner shall not issue an approval of any application to establish a new association or branch in that branch's area of preemption for a period of one year from the date of approval.
The 120-day period shall include the last day of the preemption period and if the 120th day is a holiday, or Saturday, it shall be excluded.
Credits
Note: Authority cited: Section 5255, Financial Code. Reference: Sections 5500-5515, 5700-5702, 6000-6010 and 9000, Financial Code.
History
1. Change without regulatory effect renumbering former Section 145.3 to Section 103.103 (Register 87, No. 14). For prior history, see Register 82, No. 16.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 103.103, 10 CA ADC § 103.103
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