Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General. The provisions of this section
govern unopened RSC's. If the RSC has opened and is in operation an application
shall be handled under the provisions of Section
103.103 unless expressly excepted.
An RSC shall be considered open when one or more major
department stores have opened for business with the general public. For
purposes of this section, references to new facilities in an unopened RSC shall
include new facilities located within one-quarter of a mile of the perimeter of
such RSC.
(b) Preemptions:
(1) The area of preemption of a new
association or branch located within an unopened RSC is as defined in Section
103.103(a)(6).
(2) The time period of preemption of a new
association or branch in an unopened RSC shall be a period of 36 months from
the date of approval, a period of nine months from the date of opening of such
new association or branch or nine months from the date of opening of the RSC,
whichever occurs first.
If a second application is approved under the provisions of
this section, the time period of preemption shall be as set forth in this
subsection.
(c)
Procedures for Processing Applications:
(1)
Prior to the opening date of an RSC the commissioner may approve one or more
applications for a new facility for that RSC without regard to any area or time
preemptions, subject to the following conditions:
(A) Competing applications may be
consolidated in accordance with the provisions of Section
146.10(d).
(B) The commissioner may not approve a second
application for a new association or branch, even if consolidated, until the
Board has been allowed 90 days after the Weekly Notice of Filing of the first
application to approve, deny or fail to act on a new application for that
RSC.
(C) An application for change
of location of an existing association or branch shall be considered a new
association or branch under subsection (B) only if the old location is outside
of and the new location is within the preemption area of the RSC. The
application must then contain the information in (3) below.
(2) There shall be no more than two
applications approved for an RSC before it is opened. An application for a
subsequent branch or new association shall not be accepted for filing prior to
the opening of the RSC, nor more than 120 days prior to the end of the periods
of preemption of the approved applications.
(3) Applications for a new association or
branch in an RSC shall include reasonable positive evidence that the shopping
center will open within 36 months of the filing date of such application
including executed copies of leases or letters of intent to lease from proposed
major tenants; evidence of execution of a reciprocal easement agreement;
evidence of compliance with applicable provisions of the California
Environmental Quality Act of 1970, as amended; or other evidence acceptable to
the commissioner.
1. Change
without regulatory effect renumbering former Section
145.6 to Section
103.106 (Register 87, No. 14). For
prior history, see Register 82, No. 16.
Note: Authority cited: Section
5255,
Financial Code. Reference: Sections
5500-
5515,
5700-
5702,
6000-
6010 and
9000,
Financial Code.
