SECTIONS 5031-5033 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5031-5033

5031. "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).

5032. (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withdrawn.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. 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.