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Public Resources Code

DIVISION 5. PARKS AND MONUMENTS

Chapter 1. State Parks and Monuments

Article 3. Qualified Historical Property*

* Article 3 added by Stats. 1972, p. 3162, in effect March 7, 1973.

5031. Definition. "Qualified historical property" means privately owned property which is not exempt from property taxation, is visually accessible to the public, and which is:

(a) All landmark registrations up to and including Register No. 769, which were approved without the benefit of criteria, shall be approved only if the landmark site conforms to the existing criteria as determined by the California Historical Landmarks Advisory Committee or as to approvals on or after January 1, 1975, by the State Historical Resources Commission. Any other registered California historical landmark under Article 2 (commencing with Section 5020) of this chapter, except points of historical interest, and which satisfies any of the following requirements:

(1) The property is the first, last, only, or most significant historical property of its type in the region;

(2) The property is associated with an individual or group having a profound influence on the history of California; or

(3) The property is a prototype of, or an outstanding example of, a period, style, architectural movement, or construction, or if it is one of the more notable works, or the best surviving work, in a region of a pioneer architect, designer, or master builder; or

(b) A property which is listed on the national register described in Section 470a of Title 16 of the United States Code; or

(c) A property which is listed on a city or county register or inventory of historical or architecturally significant sites, places or landmarks, provided, that such property satisfies any of the requirements set forth in paragraph 1, 2 or 3 under subdivision (a).

History.—Stats. 1974, Ch. 1156, p. 2459, in effect January 1, 1975, operative January 7, 1975, added "or as to approvals on or after January 1, 1975, by the State Historical Resources Commission" at the end of the first sentence of subsection (a). Stats. 1977, Ch. 1040, in effect January 1, 1978 added subdivision (c).

5032. Property included. (a) "Qualified historical property" pursuant to Section 5031 includes:

(1) Individual sites having structures.

(2) Facades or portions of entire sites.

(3) Historic districts.

(b) "Qualified historical property" does not include individual sites without structures.

(c) Commercial operation in itself does not necessarily disqualify a landmark's registration. However, should a commercial enterprise by its physical development plans, or its proximity, impact, excessive use, or management philosophy so dilute or erode the significance of or quality of the landmark's integrity, then an adverse effect shall have occurred and its registration may be withdrawn.

5033. Department to adopt rules and regulations. The department shall adopt all rules and regulations relating to standards for qualifying as a historical property. In adopting such rules and regulations, the department shall consider all recommendations of the State Historical Resources Commission.

History.—Stats. 1974, Ch. 1156, p. 2460, in effect January 1, 1975, operative January 7, 1975, substituted "State Historical Resources Commission" for "Historical Landmarks Advisory Committee" in the second sentence.