§ 103.103. Preemptions.

(a) Areas of Preemption:

(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.

(2) Except as stated in paragraph (6) below, the area of preemption for a new association or branch located outside an SMSA shall be a circle with a radius of two miles 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.

(4) The area of preemption for a new association or branch located within the boundaries of the City of San Francisco, but outside its CBD, shall be a circle with a radius of one-half mile measured by a straight line from the location of the new association or branch, as stated in the application.

(5) The area of preemption for a new association or branch located within the boundaries of Beverly Hills shall be a circle with a radius of one-quarter mile measured by a straight line from the location of the new association or branch, as stated in the application.

(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.

(b) Time Periods of Preemption:

(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.

(2) If the commissioner approves the establishment of a new branch, 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.

(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.

(4) No application for a facility shall be filed with or accepted by the commissioner more than 120 days prior to the end of a time period of preemption. 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.

(5) Time periods of preemption shall exclude the date of approval of an application and include the last day of the period, unless the last day is a holiday, or Saturday, then it is also excluded.

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.

Note

Note: Authority cited: Section 5255, Financial Code. Reference: Sections 5500-5515, 5700-5702, 6000-6010 and 9000, Financial Code.