State Codes and Statutes

Statutes > California > Prc > 5020-5029.5

PUBLIC RESOURCES CODE
SECTION 5020-5029.5



5020.  The Historical Landmarks Advisory Committee is continued in
existence as the State Historical Resources Commission. Any reference
in any law to the Historical Landmarks Advisory Committee shall be
deemed to refer to the State Historical Resources Commission.



5020.1.  As used in this article:
   (a) "California Register" means the California Register of
Historical Resources.
   (b) "Certified local government" means a local government that has
been certified by the National Park Service to carry out the
purposes of the National Historic Preservation Act of 1966 (16 U.S.C.
Sec. 470 et seq.) as amended, pursuant to Section 101 (c) of that
act and the regulations adopted under the act which are set forth in
Part 61 (commencing with Section 61.1) of Title 36 of the Code of
Federal Regulations.
   (c) "Commission" means the State Historical Resources Commission.
   (d) "Department" means the Department of Parks and Recreation.
   (e) "Director" means the Director of Parks and Recreation.
   (f) "DPR Form 523" means the Department of Parks and Recreation
Historic Resources Inventory Form.
   (g) "Folklife" means traditional expressive culture shared within
familial, ethnic, occupational, or regional groups and includes, but
is not limited to, technical skill, language, music, oral history,
ritual, pageantry, and handicraft traditions which are learned
orally, by imitation, or in performance, and are generally maintained
without benefit of formal instruction or institutional direction.
However, "folklife" does not include an area or a site solely on the
basis that those activities took place in that area or on that site.
   (h) "Historic district" means a definable unified geographic
entity that possesses a significant concentration, linkage, or
continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.
   (i) "Historical landmark" means any historical resource which is
registered as a state historical landmark pursuant to Section 5021.
   (j) "Historical resource" includes, but is not limited to, any
object, building, structure, site, area, place, record, or manuscript
which is historically or archaeologically significant, or is
significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military, or cultural
annals of California.
   (k) "Local register of historical resources" means a list of
properties officially designated or recognized as historically
significant by a local government pursuant to a local ordinance or
resolution.
   (l) "National Register of Historic Places" means the official
federal list of districts, sites, buildings, structures, and objects
significant in American history, architecture, archaeology,
engineering, and culture as authorized by the National Historic
Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.).
   (m) "Office" means the State Office of Historic Preservation.
   (n) "Officer" means the State Historic Preservation Officer.
   (o) "Point of historical interest" means any historical resource
which is registered as a point of historical interest pursuant to
Section 5021.
   (p) "State Historic Resources Inventory" means the compilation of
all identified, evaluated, and determined historical resources
maintained by the office and specifically those resources evaluated
in historical resource surveys conducted in accordance with criteria
established by the office, formally determined eligible for, or
listed in, the National Register of Historic Places, or designated as
historical landmarks or points of historical interest.
   (q) "Substantial adverse change" means demolition, destruction,
relocation, or alteration such that the significance of an historical
resource would be impaired.



5020.2.  (a) The commission consists of nine members appointed by
the Governor. The director, in consultation with the State Historic
Preservation Officer, shall submit to the Governor a list of persons
to be considered for vacant positions on the commission.
   (b) (1) Five members shall be recognized professionals in one of
each of the following disciplines: history, prehistoric archaeology,
historic archaeology, architectural history, and architecture.
However, one individual may represent both disciplines of
architecture and architectural history and one individual may
represent both disciplines of prehistoric archaeology and historic
archaeology.
   (2) One member shall be knowledgeable in ethnic history.
   (3) One member shall be knowledgeable in folklife.
   (4) Two members shall represent the public or possess expertise in
fields of expertise the Governor deems necessary or desirable to
enable the commission to carry out its responsibilities.
   (c) Members shall hold office for a term of four years.
   (d) Members of the commission on January 1, 1985, shall not be
disqualified from serving the remainder of their existing term by
reason of the requirements of subdivision (b). However, appointments
made to the commission on and after January 1, 1985, shall be made so
that the requirements of paragraph (1) of subdivision (b) are
satisfied at the earliest possible time.



5020.3.  (a) The commission shall meet at least four times per year
in places it deems necessary to fulfill its responsibilities. Five
members of the commission constitute a quorum.
   (b) The commission shall elect annually from its members a
chairperson and vice chairperson.
   (c) The members of the commission may receive a salary for their
services in an amount of fifty dollars ($50) for each day, up to a
maximum salary of one hundred dollars ($100) per month. A member of
the commission may also be reimbursed for the actual and necessary
expenses which are incurred in the performance of the member's
duties.
   Notwithstanding any other provision of law, any member of the
commission who is also a member of, and is entitled to receive the
benefits from, the Legislators' Retirement System may elect to forego
the compensation provided by this section and, if the compensation
is foregone, the member shall not have his or her retirement benefits
reduced and shall not be required to be reinstated into the
retirement system.


5020.4.  (a) The commission shall do all of the following:
   (1) Receive and evaluate applications for, and make
recommendations with respect to entries on, the National Register of
Historic Places to the officer.
   (2) Conduct a statewide inventory and maintain comprehensive
records of historical resources pursuant to federal and state law,
including, but not limited to, historical landmarks and points of
historical interest.
   (3) Establish criteria for the recording and preservation of
historical resources, and for deletions from historical registers
warranted by destruction or damage of a historical resource or other
change in conditions.
   (4) Develop and adopt criteria for the rehabilitation of historic
structures.
   (5) Establish policies and guidelines in compliance with state and
federal requirements for a comprehensive statewide historical
resources plan which includes, but is not limited to, architecture,
history, archaeology, and folklife.
   (6) Develop and update annually, based upon public hearings and
active public participation, the statewide historical resources plan.
   (7) Make recommendations to the department, based upon the
statewide historical resources plan, including the listing of
historical resource projects on a priority basis.
   (8) Oversee the administration of the California Register, receive
and evaluate nominations to, and cause qualified resources to be
listed in, the California Register, and adopt, as necessary, timely
revisions of the California Register criteria and procedures as may
be advisable.
   (9) Recommend to the department the criteria and standards for
acceptance of historical buildings, structures, sites, or places for
registration as historical landmarks or points of historical
interest.
   (10) Receive and evaluate applications for registration of
structures, sites, or places as historical landmarks or points of
historical interest. The commission shall select and designate
historical landmarks and points of historical interest that it
determines meet the criteria in subdivision (a) of Section 5031. The
commission shall maintain a register which identifies historical
landmarks and points of historical interest by number and
description.
   (11) Make recommendations to the office with respect to a standard
design and detail for the marker or plaque which may be erected or
raised at registered historical landmarks or historical resources,
and with respect to the use of the marker or plaque. The commission
shall consult with cities and counties in developing design and
placement standards. These standards shall not prevent a city or
county from implementing its own standards if they meet the minimum
criteria established by the commission.
   (12) Recommend to the department the type of directional sign to
be erected in connection with the registration of a point of
historical interest. The commission shall consult with cities and
counties in developing design and placement standards. These
standards shall not prevent a city or county from implementing its
own standards if they meet the minimum criteria established by the
commission.
   (13) Submit an annual report in January to the director and the
Legislature giving an account of its activities, identifying
unattained goals of historical resources plans and programs, and
recommending needed legislation for the support of those programs.
The director shall advise the commission of new and continuing plans,
policy, and programs concerning statewide historical resources and
shall receive and consider the views of the commission.
   (14) Consult with, and consider the recommendation of, public
agencies, civic groups, and citizens interested in historic
preservation.
   (15) Develop criteria and procedures based upon public hearings
and active public participation for the selection of projects to be
funded through the National Historic Preservation Fund, the
California Heritage Fund, and other federal and state programs that
have as their primary purpose the preservation and enhancement of
historical resources.
   (16) Prepare, or cause to be prepared, and recommend to the
director, a budget with respect to those duties and responsibilities
of the commission contained in this section.
   (b) The commission may adopt guidelines for the review of
applications for excavation and salvage permits submitted pursuant to
Section 6313 and make recommendations thereon to the State Lands
Commission.


5020.5.  (a) The commission shall develop criteria and methods for
determining the significance of archaeological sites, for selecting
the most important archaeological sites, and for determining whether
the most significant archaeological sites should be preserved intact
or excavated and interpreted.
   (b) The commission shall develop guidelines for the reasonable and
feasible collection, storage, and display of archaeological
specimens.


5020.6.  (a) The Governor shall appoint the State Historic
Preservation Officer. The director, in consultation with the
commission, shall submit to the Governor a list of persons to be
considered for the position. The person appointed shall be
knowledgeable about historical resources.
   (b) The officer shall serve as the executive secretary of the
commission and shall be the chief administrative officer of the
Office of Historic Preservation in the department.
   (c) The officer shall have no responsibilities other than those
provided by statute, executive order, and regulation, as well as any
other duties the director assigns for the preservation and
enhancement of the state's historical resources.
   (d) The officer, or the officer's alternate, shall serve as an ex
officio member of the Historic State Capitol Commission.



5020.7.  The Legislature recognizes that the long-term preservation
and enhancement of historical resources is dependent, to a large
extent, on the good will and cooperation of the general public and of
the public and private owners of those resources.
   Therefore, it is the intent of the Legislature that public
agencies, including the commission and the office, shall endeavor to
carry out their responsibilities under this article in a manner
designed to elicit the cooperation of the owners of both identified
and unidentified resources, to encourage the owners to perceive these
resources as assets rather than liabilities, and to encourage the
support of the general public for the preservation and enhancement of
historical resources.



5021.  The department shall consider all recommendations for
registration made by the commission, and shall register, as state
historical landmarks, those buildings, structures, sites, or places
which the department deems to be important historical resources and
shall register, as points of historical interest, those buildings,
structures, sites, or places which the department deems to be
historical resources of sufficient historical interest to qualify for
the placement of signs pursuant to Section 5022.5. The commission
shall maintain a register which shall identify by number and
description such historical landmarks and points of historical
interest.
   The department may publish results of office and field
archaeological investigation annually and shall issue additional
publications, such as detailed site reports and area resource
reports, as necessary, to inform the public and educational
institutions.



5022.  The department may contract with or cooperate with public or
private agencies for suitable plaques, markers, and directional signs
at the site of, or on the approaches to, registered historical
landmarks or points of historical interest, including signs on
highways and roads.



5022.5.  There shall be two categories of places of historical
significance: the registered historical landmark and the registered
point of historical interest. The location of the point of historical
interest shall be designated by a sign indicating "Point of
Historical Interest" with an appropriate direction, which sign shall
be erected and maintained by the Department of Transportation, as to
state highways, or the county authorities or city authorities, as to
streets or highways under their jurisdictions. A local historical
group or organization may raise a marker or plaque at a registered
point of historical interest. Nothing herein shall require the
signing of such points where parking is not available or where such
signing would cause a traffic safety hazard or would interfere with
the normal flow of traffic.



5022.6.  The department shall adopt standard design and detail for
the marker and for the plaque which may be erected or raised at
registered historical landmarks. The use of such marker or plaque
shall be prescribed by rule adopted by the department. Any person who
maliciously or for commercial purposes, or contrary to such rule,
uses or allows to be used any reproduction or facsimile of such
standard marker or plaque in any manner whatsoever is guilty of a
misdemeanor.


5023.  (a) It shall be the duty of the Department of Transportation
to keep in repair all objects or markers adjacent to a state highway
which have been erected to mark registered historical places and to
keep such monuments or markers free from vegetation which may obscure
them from view.
   (b) It shall be the duty of the county authorities, in charge of
county highways, and all city authorities, with respect to streets
and highways under their respective jurisdictions, to keep in repair
or cause to be kept in repair all objects or markers adjacent to a
public highway which have been erected to mark registered historical
places and to keep such markers and monuments free from all
vegetation which may obscure them from view.
   (c) It shall be the duty of the department to keep in repair or
cause to be kept in repair all objects, markers and monuments
designating any registered historical places in respect to which no
obligation in respect thereto is imposed on other governmental
agencies by this section, and the department shall keep such markers
and monuments free from all vegetation which may obscure them from
view.



5024.  (a) On or before January 1, 1982, each state agency shall
formulate policies to preserve and maintain, when prudent and
feasible, all state-owned historical resources under its jurisdiction
listed in or potentially eligible for inclusion in the National
Register of Historic Places or registered or eligible for
registration as a state historical landmark pursuant to Section 5021.
The State Historic Preservation Officer shall provide such agencies
with advice and assistance as needed.
   (b) On or before July 1, 1983, each state agency shall submit to
the State Historic Preservation Officer an inventory of all
state-owned structures over 50 years of age under its jurisdiction
listed in or which may be eligible for inclusion in the National
Register of Historic Places or registered or which may be eligible
for registration as a state historical landmark. State-owned
structures in freeway rights-of-way shall be inventoried before
approval of any undertaking which would alter their original or
significant features or fabric, or transfer, relocate or demolish
those structures.
   (c) The State Historic Preservation Officer, with the advice of
the State Historical Resources Commission, shall establish standards,
after consultation with agencies to be affected, for the submittal
of inventories and development of policies for the review of
historical resources identified pursuant to this section. These
review procedures shall permit the State Historic Preservation
Officer to determine which historical resources identified in
inventories meet National Register of Historic Places and state
historical landmark criteria and shall be placed in the master list
of historical resources.
   (d) The State Historic Preservation Officer shall maintain a
master list comprised of all inventoried structures submitted and
determined significant pursuant to this section and all state-owned
historical resources currently listed in the National Register of
Historic Places or registered as a state historical landmark under
state agency jurisdiction. The State Historic Preservation Officer
shall inform agencies with historical resources on the master list of
current sources of funding for preservation activities, including
rehabilitation and restoration.
   (e) On or before July 1, 1984, and annually thereafter, each state
agency shall submit inventory updates to the State Historic
Preservation Officer and a statement of its year's preservation
activities.
   (f) Each state agency shall submit to the State Historic
Preservation Officer for comment documentation for any project having
the potential to affect historical resources listed in or
potentially eligible for inclusion in the National Register of
Historic Places or registered as or eligible for registration as a
state historical landmark.
   (g) As used in this section and Section 5024.5, "state agency"
means any agency, department, division, commission, board, bureau,
officer, or other authority of the State of California.
   (h) As used in this section and Section 5024.5, "structure" means
an immovable work constructed by man having interrelated parts in a
definite pattern of organization and used to shelter or promote a
form of human activity and which constitutes an historical resource.




5024.1.  (a) A California Register of Historical Resources is hereby
established. The California Register is an authoritative guide in
California to be used by state and local agencies, private groups,
and citizens to identify the state's historical resources and to
indicate what properties are to be protected, to the extent prudent
and feasible, from substantial adverse change. The commission shall
oversee the administration of the California Register.
   (b) The California Register shall include historical resources
determined by the commission, according to procedures adopted by the
commission, to be significant and to meet the criteria in subdivision
(c).
   (c) A resource may be listed as an historical resource in the
California Register if it meets any of the following National
Register of Historic Places criteria:
   (1) Is associated with events that have made a significant
contribution to the broad patterns of California's history and
cultural heritage.
   (2) Is associated with the lives of persons important in our past.
   (3) Embodies the distinctive characteristics of a type, period,
region, or method of construction, or represents the work of an
important creative individual, or possesses high artistic values.
   (4) Has yielded, or may be likely to yield, information important
in prehistory or history.
   (d) The California Register shall include the following:
   (1) California properties formally determined eligible for, or
listed in, the National Register of Historic Places.
   (2) State Historical Landmark No. 770 and all consecutively
numbered state historical landmarks following No. 770. For state
historical landmarks preceding No. 770, the office shall review their
eligibility for the California Register in accordance with
procedures to be adopted by the commission.
   (3) Points of historical interest which have been reviewed by the
office and recommended for listing by the commission for inclusion in
the California Register in accordance with criteria adopted by the
commission.
   (e) If nominated for listing in accordance with subdivision (f),
and determined to be significant by the commission, the California
Register may include the following:
   (1) Individual historical resources.
   (2) Historical resources contributing to the significance of an
historic district under criteria adopted by the commission.
   (3) Historical resources identified as significant in historical
resources surveys, if the survey meets the criteria listed in
subdivision (g).
   (4) Historical resources and historic districts designated or
listed as city or county landmarks or historic properties or
districts pursuant to any city or county ordinance, if the criteria
for designation or listing under the ordinance have been determined
by the office to be consistent with California Register criteria
adopted by the commission.
   (5) Local landmarks or historic properties designated under any
municipal or county ordinance.
   (f) A resource may be nominated for listing as an historical
resource in the California Register in accordance with nomination
procedures adopted by the commission, subject to all of the
following:
   (1) If the applicant is not the local government in whose
jurisdiction the resource is located, a notice of nomination in the
form prescribed by the commission shall first be submitted by the
applicant to the clerk of the local government. The notice shall
request the local government to join in the nomination, to provide
comments on the nomination, or if the local government declines to
join in the nomination or fails to act upon the notice of nomination
within 90 days, the nomination may be submitted to the office and
shall include any comments of the local government.
   (2) Prior to acting on the nomination of a survey, an individual
resource, an historic district, or other resource to be added to the
California Register, the commission shall notify property owners, the
local government in which the resource is located, local agencies,
other interested persons, and members of the general public of the
nomination and provide not less than 60 calendar days for comment on
the nomination. The commission shall consider those comments in
determining whether to list the resource as an historical resource in
the California Register.
   (3) If the local government objects to the nomination, the
commission shall give full and careful consideration to the objection
before acting upon the nomination. Where an objection has been
raised, the commission shall adopt written findings to support its
determination concerning the nomination. At a minimum, the findings
shall identify the historical or cultural significance of the
resource, and, if applicable, the overriding significance of the
resource that has resulted in the resource being listed in the
California Register over the objections of the local government.
   (4) If the owner of a private property or the majority of owners
for an historic district or single property with multiple owners
object to the nomination, the commission shall not list the property
as an historical resource in the California Register until the
objection is withdrawn. Objections shall be submitted to the
commission by the owner of the private property in the form of a
notarized statement certifying that the party is the sole or partial
owner of the property, and that the party objects to the listing.
   (5) If private property cannot be presently listed in the
California Register solely because of owner objection, the commission
shall nevertheless designate the property as eligible for listing.
   (g) A resource identified as significant in an historical resource
survey may be listed in the California Register if the survey meets
all of the following criteria:
   (1) The survey has been or will be included in the State Historic
Resources Inventory.
   (2) The survey and the survey documentation were prepared in
accordance with office procedures and requirements.
   (3) The resource is evaluated and determined by the office to have
a significance rating of Category 1 to 5 on DPR Form 523.
   (4) If the survey is five or more years old at the time of its
nomination for inclusion in the California Register, the survey is
updated to identify historical resources which have become eligible
or ineligible due to changed circumstances or further documentation
and those which have been demolished or altered in a manner that
substantially diminishes the significance of the resource.
   (h) Upon listing an historical resource or determining that a
property is an historical resource that is eligible for listing, in
the California Register, the commission shall notify any owner of the
historical resource and also the county and city in which the
historical resource is located in accordance with procedures adopted
by the commission.
   (i) The commission shall adopt procedures for the delisting of
historical resources which become ineligible for listing in the
California Register.


5024.5.  (a) No state agency shall alter the original or significant
historical features or fabric, or transfer, relocate, or demolish
historical resources on the master list maintained pursuant to
subdivision (d) of Section 5024 without, early in the planning
processes, first giving notice and a summary of the proposed action
to the officer who shall have 30 days after receipt of the notice and
summary for review and comment.
   (b) If the officer determines that a proposed action will have an
adverse effect on a listed historical resource, the head of the state
agency having jurisdiction over the historical resource and the
officer shall adopt prudent and feasible measures that will eliminate
or mitigate the adverse effects. The officer shall consult the State
Historical Building Safety Board for advice when appropriate.
   (c) Each state agency shall maintain written documentation of the
officer's concurrence with proposed actions which would have an
effect on an historical resource on the master list.
   (d) The officer shall report to the Office of Planning and
Research for mediation instances of state agency refusal to propose,
to consider, or to adopt prudent and feasible alternatives to
eliminate or mitigate adverse effects on historical resources on the
master list as specified in subdivision (f) of Section 5024.
   (e) The officer may monitor the implementation of proposed actions
of any state agency.
   (f) Until such time as a structure is evaluated for possible
inclusion in the inventory pursuant to subdivisions (b) and (c) of
Section 5024, state agencies shall assure that any structure which
might qualify for listing is not inadvertently transferred or
unnecessarily altered.
   (g) The officer may provide local governments with information on
methods to preserve their historical resources.



5024.6.  There is in the department the State Office of Historic
Preservation, which is under the direction of the officer. The office
shall do all of the following:
   (a) Serve as the staff of the commission in carrying out its
responsibilities, and as the staff of the officer in carrying out the
responsibilities of that position.
   (b) Recommend properties of historical significance for nomination
by the commission for the National Register of Historic Places, for
registration as historical landmarks and points of historical
interest, and for listing in the California Register.
   (c) Administer state and federal incentive programs for the
preservation of historical resources, including the California
Register.
   (d) Provide information on federal and state benefits for
preservation projects and enhancement of historical resources.
   (e) Administer grant and loan programs to survey historical
resources and assist the development and enhancement of these
resources.
   (f) Assist other state agencies by providing information and
education on the economic and social benefits of utilizing historical
resources.
   (g) Provide public education and information on the preservation
and enhancement of historical resources.
   (h) Provide information and technical assistance to local, state,
and national organizations to promote preservation and enhancement of
historical resources by developing model ordinances, financial
mechanisms, educational programs, conferences, workshops, and other
materials.
   (i) Cooperate with cultural and ethnic commissions, such as the
Native American Heritage Commission, or other organizations or
representatives when projects involve these groups' concerns.
   (j) Review and comment on the impact on historical resources of
publicly funded projects and programs undertaken by other
governmental agencies.
   (k) Review applications for excavation and salvage permits for
salvage in state waters.
   (l) Assist the State Lands Commission in administering Section
6313.
   (m) Administer the California Register in accordance with
procedures adopted by the commission.
   (n) Administer and maintain the State Historic Resources Inventory
in accordance with procedures developed by the office and adopted by
the commission.
   (o) Administer the California Heritage Fund created pursuant to
Section 5079.10.



5025.  (a) The Legislature hereby finds and declares that there is a
need for state repositories dedicated to the preservation and
restoration of historic artifacts relating to the science, art, and
practice of aviation in this state and the nation.
   (b) The California City Museum and Restoration Facility is hereby
designated a state aviation museum.
   (c) The department may extend technical assistance and other
nonfinancial support to the California City Museum and Restoration
Facility. The California City Museum and Restoration Facility shall
reimburse the department for all costs incurred pursuant to this
subdivision.
   (d) The California City Museum and Restoration Facility may serve
as a repository for the purpose of collecting, preserving, restoring,
and displaying artifacts and memorabilia of the significant role
that the state has played in the development of aviation, and may
also store and display national and international memorabilia of the
aviation industry and its pioneers and practitioners.
   (e) Prior to the acceptance of any aircraft, any aircraft-related
artifacts, tools, or supplies, or any other materials for display in
the aviation museum, it is the intent of the Legislature that the
California City Museum and Restoration Facility execute an agreement
with any donor of those materials that provides for the disposition
of the materials if the museum closes or otherwise becomes
inaccessible to the public.



5025.11.  The department shall, with the advice of the Historical
Landmarks Advisory Committee, or, as to certifications on or after
January 1, 1975, with the advice of the commission, certify the route
followed by Colonel John Charles Fremont and party from the Nevada
state line through Mono, Inyo, Alpine, Amador, and El Dorado Counties
to Sutter's Fort in Sacramento County in the winter of 1843, and the
Donner Party Trail, from the Nevada state line to the junction of
Verdi Canyon to Alder Creek Camp of the Donner Party, thence to the
Donner Monument at Donner Memorial State Park. The department may
certify and mark, with the advice of the commission, other historic
routes of travel within the state.


5025.12.  The department is authorized to place suitable markers
along these certified routes at intervals and at each intersection
with a state highway or county road.



5025.2.  It shall be the duty of the department to keep in repair,
or cause to be kept in repair, all markers of such historical routes.



5025.3.  The Governor's Mansion, located at 1526 H Street,
Sacramento, shall be under the control and management of the
department and shall be named the Old Governor's Mansion State
Historic Park, subject to the approval of the State Park and
Recreation Commission. The Director of General Services shall
transfer jurisdiction over the property and all its contents to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system.




5026.  Upon receipt of an application for an entry on the National
Register of Historic Places and prior to making any evaluation and
recommendation with respect to such application, the commission shall
first submit the application to the appropriate city council or
county board of supervisors for comment. The city council or county
board of supervisors shall have 45 days from the date of receipt in
which to transmit written comments to the commission. Each member of
the commission shall be provided by staff with a copy of such
comments not less than 15 days prior to the hearing on the
application by the commission.


5027.  Any building or structure that is listed on the National
Register of Historic Places and is transferred from state ownership
to another public agency shall not be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, without the prior approval of the Legislature
by statute. This section applies to any building or structure
transferred from state ownership to another public agency after
January 1, 1987.


5027.1.  (a) As required by Section 5027, the Legislature hereby
approves demolition of the Transbay Terminal building at First and
Mission Streets in the City and County of San Francisco, including
its associated vehicle ramps, for construction of a new terminal at
the same location, designed to serve Caltrain in addition to local,
regional, and intercity buslines, and designed to accommodate
high-speed passenger rail service. The Transbay Joint Powers
Authority shall have primary jurisdiction with respect to all matters
concerning the financing, design, development, construction, and
operation of the new terminal.
   (b) Notwithstanding any other law, any redevelopment plan adopted
to finance, in whole or in part, the demolition of the Transbay
Terminal building and the construction of a new terminal, including
its associated vehicle ramps, shall ensure that at least 25 percent
of all dwelling units developed within the project area shall be
available at affordable housing cost to, and occupied by, persons and
families whose incomes do not exceed 60 percent of the area median
income, and that at least an additional 10 percent of all dwelling
units developed within the project area shall be available at
affordable housing cost to, and occupied by, persons and families
whose incomes do not exceed 120 percent of the area median income.
The redevelopment agency shall ensure that dwelling units made
affordable pursuant to this subdivision remain available at
affordable housing cost to, and occupied by, persons and families of
the respective income categories consistent with the time
requirements contained in subdivision (f) of Section 33334.3 of, and
subparagraph (C) of paragraph (2) of subdivision (b) of Section 33413
of, the Health and Safety Code.



5028.  (a) No structure that is listed on the National Register of
Historic Places, on the California Register of Historic Places, or on
any local public register of historic places, and that has been
damaged due to a natural disaster, including, but not limited to, an
earthquake, fire, or flood, may be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, unless the structure presents an imminent
threat to the public of bodily harm or of damage to adjacent
property, or unless the State Office of Historic Preservation
determines, pursuant to subdivision (b), that the structure may be
demolished, destroyed, or significantly altered.
   (b) Any local government may apply to the State Office of Historic
Preservation for its determination as to whether a structure meeting
the description set forth in subdivision (a) shall be demolished,
destroyed, or significantly altered. That determination shall be
based upon the extent of damage to the structure, the cost of
rehabilitating or reconstructing the structure, the structure's
historical significance, and any other factor deemed by the State
Office of Historic Preservation to be relevant. In making that
determination, the State Office of Historic Preservation shall
consider the recommendation made by a team selected by the State
Office of Historic Preservation, composed of three residents with
historic preservation expertise who reside in the affected county.
The determination of the State Office of Historic Preservation shall
be issued no later than 30 days after the structure was damaged, or
30 days after the receipt of the application, whichever occurred
later.



5029.  (a) The commission shall, within 90 days after the approval
by the director of the issuance by the commission of an historical
resources designation for an individual property, submit to the
county recorder for recordation, and the county recorder shall
record, a certified resolution establishing the historical resources
designation. For historical resources designations approved prior to
March 15, 1993, the commission may submit for recordation, and the
county recorder shall record, a certified resolution of historical
resources designation.
   (b) Any local agency, or unit thereof, shall, within 90 days of an
historical resources designation by the local agency or unit for an
individual property, submit to the county recorder for recordation,
and the county recorder shall record, a certified resolution
establishing the historical resources designation. For historical
resources designations made prior to March 15, 1993, the local
agency, or unit thereof, may submit for recordation, and the county
recorder shall record, a certified resolution of historical resources
designation.
   (c) The resolution shall include the name of the current property
owner, the designating entity, the specific historical resources
designation, and a legal description of the property.
   (d) The recorder shall index the recorded resolutions of the
commission or local agency, or unit thereof, listing the respective
agency as the "grantor" and the current owner as the "grantee" for
that purpose.
   (e) For the purpose of this section, the term "historical
resources designation" means the California Register of Historical
Resources and any local historical resources designation resulting in
restrictions on demolitions or alterations.
   (f) This section shall have no effect on the right, title, or
interest in the property identified after March 15, 1993, which is
acquired by a bona fide purchaser for value between the time of
designation of the property as a historical resource and time that
the designation is recorded unless the purchaser had actual knowledge
of the designation.
   (g) This section shall have no effect upon the title to any
property that is subject to this section.



5029.5.  (a) Notwithstanding any other provision of law, fifty
percent (50%) of the revenue collected by the Department of
Transportation, in each fiscal year, from rental receipts from a
federally designated historic property, or from property listed as a
state historical resource pursuant to Section 5024, that is owned by
the Department of Transportation and located in a freeway
right-of-way corridor, less any amount transmitted in lieu of
property tax to a city, county, or city and county, as required by
law, shall be deposited in the Historic Property Maintenance Fund,
which is hereby created in the Treasury.
   (b) Moneys in the fund may be expended by the Department of
Transportation, upon appropriation by the Legislature, to pay for
costs associated with the maintenance and operation of the historic
property described in subdivision (a). Any moneys deposited into the
fund are in addition to, and are not intended to supplant or replace,
any existing funds that are currently available to any state agency
for the operation and maintenance of historical resources.


State Codes and Statutes

Statutes > California > Prc > 5020-5029.5

PUBLIC RESOURCES CODE
SECTION 5020-5029.5



5020.  The Historical Landmarks Advisory Committee is continued in
existence as the State Historical Resources Commission. Any reference
in any law to the Historical Landmarks Advisory Committee shall be
deemed to refer to the State Historical Resources Commission.



5020.1.  As used in this article:
   (a) "California Register" means the California Register of
Historical Resources.
   (b) "Certified local government" means a local government that has
been certified by the National Park Service to carry out the
purposes of the National Historic Preservation Act of 1966 (16 U.S.C.
Sec. 470 et seq.) as amended, pursuant to Section 101 (c) of that
act and the regulations adopted under the act which are set forth in
Part 61 (commencing with Section 61.1) of Title 36 of the Code of
Federal Regulations.
   (c) "Commission" means the State Historical Resources Commission.
   (d) "Department" means the Department of Parks and Recreation.
   (e) "Director" means the Director of Parks and Recreation.
   (f) "DPR Form 523" means the Department of Parks and Recreation
Historic Resources Inventory Form.
   (g) "Folklife" means traditional expressive culture shared within
familial, ethnic, occupational, or regional groups and includes, but
is not limited to, technical skill, language, music, oral history,
ritual, pageantry, and handicraft traditions which are learned
orally, by imitation, or in performance, and are generally maintained
without benefit of formal instruction or institutional direction.
However, "folklife" does not include an area or a site solely on the
basis that those activities took place in that area or on that site.
   (h) "Historic district" means a definable unified geographic
entity that possesses a significant concentration, linkage, or
continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.
   (i) "Historical landmark" means any historical resource which is
registered as a state historical landmark pursuant to Section 5021.
   (j) "Historical resource" includes, but is not limited to, any
object, building, structure, site, area, place, record, or manuscript
which is historically or archaeologically significant, or is
significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military, or cultural
annals of California.
   (k) "Local register of historical resources" means a list of
properties officially designated or recognized as historically
significant by a local government pursuant to a local ordinance or
resolution.
   (l) "National Register of Historic Places" means the official
federal list of districts, sites, buildings, structures, and objects
significant in American history, architecture, archaeology,
engineering, and culture as authorized by the National Historic
Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.).
   (m) "Office" means the State Office of Historic Preservation.
   (n) "Officer" means the State Historic Preservation Officer.
   (o) "Point of historical interest" means any historical resource
which is registered as a point of historical interest pursuant to
Section 5021.
   (p) "State Historic Resources Inventory" means the compilation of
all identified, evaluated, and determined historical resources
maintained by the office and specifically those resources evaluated
in historical resource surveys conducted in accordance with criteria
established by the office, formally determined eligible for, or
listed in, the National Register of Historic Places, or designated as
historical landmarks or points of historical interest.
   (q) "Substantial adverse change" means demolition, destruction,
relocation, or alteration such that the significance of an historical
resource would be impaired.



5020.2.  (a) The commission consists of nine members appointed by
the Governor. The director, in consultation with the State Historic
Preservation Officer, shall submit to the Governor a list of persons
to be considered for vacant positions on the commission.
   (b) (1) Five members shall be recognized professionals in one of
each of the following disciplines: history, prehistoric archaeology,
historic archaeology, architectural history, and architecture.
However, one individual may represent both disciplines of
architecture and architectural history and one individual may
represent both disciplines of prehistoric archaeology and historic
archaeology.
   (2) One member shall be knowledgeable in ethnic history.
   (3) One member shall be knowledgeable in folklife.
   (4) Two members shall represent the public or possess expertise in
fields of expertise the Governor deems necessary or desirable to
enable the commission to carry out its responsibilities.
   (c) Members shall hold office for a term of four years.
   (d) Members of the commission on January 1, 1985, shall not be
disqualified from serving the remainder of their existing term by
reason of the requirements of subdivision (b). However, appointments
made to the commission on and after January 1, 1985, shall be made so
that the requirements of paragraph (1) of subdivision (b) are
satisfied at the earliest possible time.



5020.3.  (a) The commission shall meet at least four times per year
in places it deems necessary to fulfill its responsibilities. Five
members of the commission constitute a quorum.
   (b) The commission shall elect annually from its members a
chairperson and vice chairperson.
   (c) The members of the commission may receive a salary for their
services in an amount of fifty dollars ($50) for each day, up to a
maximum salary of one hundred dollars ($100) per month. A member of
the commission may also be reimbursed for the actual and necessary
expenses which are incurred in the performance of the member's
duties.
   Notwithstanding any other provision of law, any member of the
commission who is also a member of, and is entitled to receive the
benefits from, the Legislators' Retirement System may elect to forego
the compensation provided by this section and, if the compensation
is foregone, the member shall not have his or her retirement benefits
reduced and shall not be required to be reinstated into the
retirement system.


5020.4.  (a) The commission shall do all of the following:
   (1) Receive and evaluate applications for, and make
recommendations with respect to entries on, the National Register of
Historic Places to the officer.
   (2) Conduct a statewide inventory and maintain comprehensive
records of historical resources pursuant to federal and state law,
including, but not limited to, historical landmarks and points of
historical interest.
   (3) Establish criteria for the recording and preservation of
historical resources, and for deletions from historical registers
warranted by destruction or damage of a historical resource or other
change in conditions.
   (4) Develop and adopt criteria for the rehabilitation of historic
structures.
   (5) Establish policies and guidelines in compliance with state and
federal requirements for a comprehensive statewide historical
resources plan which includes, but is not limited to, architecture,
history, archaeology, and folklife.
   (6) Develop and update annually, based upon public hearings and
active public participation, the statewide historical resources plan.
   (7) Make recommendations to the department, based upon the
statewide historical resources plan, including the listing of
historical resource projects on a priority basis.
   (8) Oversee the administration of the California Register, receive
and evaluate nominations to, and cause qualified resources to be
listed in, the California Register, and adopt, as necessary, timely
revisions of the California Register criteria and procedures as may
be advisable.
   (9) Recommend to the department the criteria and standards for
acceptance of historical buildings, structures, sites, or places for
registration as historical landmarks or points of historical
interest.
   (10) Receive and evaluate applications for registration of
structures, sites, or places as historical landmarks or points of
historical interest. The commission shall select and designate
historical landmarks and points of historical interest that it
determines meet the criteria in subdivision (a) of Section 5031. The
commission shall maintain a register which identifies historical
landmarks and points of historical interest by number and
description.
   (11) Make recommendations to the office with respect to a standard
design and detail for the marker or plaque which may be erected or
raised at registered historical landmarks or historical resources,
and with respect to the use of the marker or plaque. The commission
shall consult with cities and counties in developing design and
placement standards. These standards shall not prevent a city or
county from implementing its own standards if they meet the minimum
criteria established by the commission.
   (12) Recommend to the department the type of directional sign to
be erected in connection with the registration of a point of
historical interest. The commission shall consult with cities and
counties in developing design and placement standards. These
standards shall not prevent a city or county from implementing its
own standards if they meet the minimum criteria established by the
commission.
   (13) Submit an annual report in January to the director and the
Legislature giving an account of its activities, identifying
unattained goals of historical resources plans and programs, and
recommending needed legislation for the support of those programs.
The director shall advise the commission of new and continuing plans,
policy, and programs concerning statewide historical resources and
shall receive and consider the views of the commission.
   (14) Consult with, and consider the recommendation of, public
agencies, civic groups, and citizens interested in historic
preservation.
   (15) Develop criteria and procedures based upon public hearings
and active public participation for the selection of projects to be
funded through the National Historic Preservation Fund, the
California Heritage Fund, and other federal and state programs that
have as their primary purpose the preservation and enhancement of
historical resources.
   (16) Prepare, or cause to be prepared, and recommend to the
director, a budget with respect to those duties and responsibilities
of the commission contained in this section.
   (b) The commission may adopt guidelines for the review of
applications for excavation and salvage permits submitted pursuant to
Section 6313 and make recommendations thereon to the State Lands
Commission.


5020.5.  (a) The commission shall develop criteria and methods for
determining the significance of archaeological sites, for selecting
the most important archaeological sites, and for determining whether
the most significant archaeological sites should be preserved intact
or excavated and interpreted.
   (b) The commission shall develop guidelines for the reasonable and
feasible collection, storage, and display of archaeological
specimens.


5020.6.  (a) The Governor shall appoint the State Historic
Preservation Officer. The director, in consultation with the
commission, shall submit to the Governor a list of persons to be
considered for the position. The person appointed shall be
knowledgeable about historical resources.
   (b) The officer shall serve as the executive secretary of the
commission and shall be the chief administrative officer of the
Office of Historic Preservation in the department.
   (c) The officer shall have no responsibilities other than those
provided by statute, executive order, and regulation, as well as any
other duties the director assigns for the preservation and
enhancement of the state's historical resources.
   (d) The officer, or the officer's alternate, shall serve as an ex
officio member of the Historic State Capitol Commission.



5020.7.  The Legislature recognizes that the long-term preservation
and enhancement of historical resources is dependent, to a large
extent, on the good will and cooperation of the general public and of
the public and private owners of those resources.
   Therefore, it is the intent of the Legislature that public
agencies, including the commission and the office, shall endeavor to
carry out their responsibilities under this article in a manner
designed to elicit the cooperation of the owners of both identified
and unidentified resources, to encourage the owners to perceive these
resources as assets rather than liabilities, and to encourage the
support of the general public for the preservation and enhancement of
historical resources.



5021.  The department shall consider all recommendations for
registration made by the commission, and shall register, as state
historical landmarks, those buildings, structures, sites, or places
which the department deems to be important historical resources and
shall register, as points of historical interest, those buildings,
structures, sites, or places which the department deems to be
historical resources of sufficient historical interest to qualify for
the placement of signs pursuant to Section 5022.5. The commission
shall maintain a register which shall identify by number and
description such historical landmarks and points of historical
interest.
   The department may publish results of office and field
archaeological investigation annually and shall issue additional
publications, such as detailed site reports and area resource
reports, as necessary, to inform the public and educational
institutions.



5022.  The department may contract with or cooperate with public or
private agencies for suitable plaques, markers, and directional signs
at the site of, or on the approaches to, registered historical
landmarks or points of historical interest, including signs on
highways and roads.



5022.5.  There shall be two categories of places of historical
significance: the registered historical landmark and the registered
point of historical interest. The location of the point of historical
interest shall be designated by a sign indicating "Point of
Historical Interest" with an appropriate direction, which sign shall
be erected and maintained by the Department of Transportation, as to
state highways, or the county authorities or city authorities, as to
streets or highways under their jurisdictions. A local historical
group or organization may raise a marker or plaque at a registered
point of historical interest. Nothing herein shall require the
signing of such points where parking is not available or where such
signing would cause a traffic safety hazard or would interfere with
the normal flow of traffic.



5022.6.  The department shall adopt standard design and detail for
the marker and for the plaque which may be erected or raised at
registered historical landmarks. The use of such marker or plaque
shall be prescribed by rule adopted by the department. Any person who
maliciously or for commercial purposes, or contrary to such rule,
uses or allows to be used any reproduction or facsimile of such
standard marker or plaque in any manner whatsoever is guilty of a
misdemeanor.


5023.  (a) It shall be the duty of the Department of Transportation
to keep in repair all objects or markers adjacent to a state highway
which have been erected to mark registered historical places and to
keep such monuments or markers free from vegetation which may obscure
them from view.
   (b) It shall be the duty of the county authorities, in charge of
county highways, and all city authorities, with respect to streets
and highways under their respective jurisdictions, to keep in repair
or cause to be kept in repair all objects or markers adjacent to a
public highway which have been erected to mark registered historical
places and to keep such markers and monuments free from all
vegetation which may obscure them from view.
   (c) It shall be the duty of the department to keep in repair or
cause to be kept in repair all objects, markers and monuments
designating any registered historical places in respect to which no
obligation in respect thereto is imposed on other governmental
agencies by this section, and the department shall keep such markers
and monuments free from all vegetation which may obscure them from
view.



5024.  (a) On or before January 1, 1982, each state agency shall
formulate policies to preserve and maintain, when prudent and
feasible, all state-owned historical resources under its jurisdiction
listed in or potentially eligible for inclusion in the National
Register of Historic Places or registered or eligible for
registration as a state historical landmark pursuant to Section 5021.
The State Historic Preservation Officer shall provide such agencies
with advice and assistance as needed.
   (b) On or before July 1, 1983, each state agency shall submit to
the State Historic Preservation Officer an inventory of all
state-owned structures over 50 years of age under its jurisdiction
listed in or which may be eligible for inclusion in the National
Register of Historic Places or registered or which may be eligible
for registration as a state historical landmark. State-owned
structures in freeway rights-of-way shall be inventoried before
approval of any undertaking which would alter their original or
significant features or fabric, or transfer, relocate or demolish
those structures.
   (c) The State Historic Preservation Officer, with the advice of
the State Historical Resources Commission, shall establish standards,
after consultation with agencies to be affected, for the submittal
of inventories and development of policies for the review of
historical resources identified pursuant to this section. These
review procedures shall permit the State Historic Preservation
Officer to determine which historical resources identified in
inventories meet National Register of Historic Places and state
historical landmark criteria and shall be placed in the master list
of historical resources.
   (d) The State Historic Preservation Officer shall maintain a
master list comprised of all inventoried structures submitted and
determined significant pursuant to this section and all state-owned
historical resources currently listed in the National Register of
Historic Places or registered as a state historical landmark under
state agency jurisdiction. The State Historic Preservation Officer
shall inform agencies with historical resources on the master list of
current sources of funding for preservation activities, including
rehabilitation and restoration.
   (e) On or before July 1, 1984, and annually thereafter, each state
agency shall submit inventory updates to the State Historic
Preservation Officer and a statement of its year's preservation
activities.
   (f) Each state agency shall submit to the State Historic
Preservation Officer for comment documentation for any project having
the potential to affect historical resources listed in or
potentially eligible for inclusion in the National Register of
Historic Places or registered as or eligible for registration as a
state historical landmark.
   (g) As used in this section and Section 5024.5, "state agency"
means any agency, department, division, commission, board, bureau,
officer, or other authority of the State of California.
   (h) As used in this section and Section 5024.5, "structure" means
an immovable work constructed by man having interrelated parts in a
definite pattern of organization and used to shelter or promote a
form of human activity and which constitutes an historical resource.




5024.1.  (a) A California Register of Historical Resources is hereby
established. The California Register is an authoritative guide in
California to be used by state and local agencies, private groups,
and citizens to identify the state's historical resources and to
indicate what properties are to be protected, to the extent prudent
and feasible, from substantial adverse change. The commission shall
oversee the administration of the California Register.
   (b) The California Register shall include historical resources
determined by the commission, according to procedures adopted by the
commission, to be significant and to meet the criteria in subdivision
(c).
   (c) A resource may be listed as an historical resource in the
California Register if it meets any of the following National
Register of Historic Places criteria:
   (1) Is associated with events that have made a significant
contribution to the broad patterns of California's history and
cultural heritage.
   (2) Is associated with the lives of persons important in our past.
   (3) Embodies the distinctive characteristics of a type, period,
region, or method of construction, or represents the work of an
important creative individual, or possesses high artistic values.
   (4) Has yielded, or may be likely to yield, information important
in prehistory or history.
   (d) The California Register shall include the following:
   (1) California properties formally determined eligible for, or
listed in, the National Register of Historic Places.
   (2) State Historical Landmark No. 770 and all consecutively
numbered state historical landmarks following No. 770. For state
historical landmarks preceding No. 770, the office shall review their
eligibility for the California Register in accordance with
procedures to be adopted by the commission.
   (3) Points of historical interest which have been reviewed by the
office and recommended for listing by the commission for inclusion in
the California Register in accordance with criteria adopted by the
commission.
   (e) If nominated for listing in accordance with subdivision (f),
and determined to be significant by the commission, the California
Register may include the following:
   (1) Individual historical resources.
   (2) Historical resources contributing to the significance of an
historic district under criteria adopted by the commission.
   (3) Historical resources identified as significant in historical
resources surveys, if the survey meets the criteria listed in
subdivision (g).
   (4) Historical resources and historic districts designated or
listed as city or county landmarks or historic properties or
districts pursuant to any city or county ordinance, if the criteria
for designation or listing under the ordinance have been determined
by the office to be consistent with California Register criteria
adopted by the commission.
   (5) Local landmarks or historic properties designated under any
municipal or county ordinance.
   (f) A resource may be nominated for listing as an historical
resource in the California Register in accordance with nomination
procedures adopted by the commission, subject to all of the
following:
   (1) If the applicant is not the local government in whose
jurisdiction the resource is located, a notice of nomination in the
form prescribed by the commission shall first be submitted by the
applicant to the clerk of the local government. The notice shall
request the local government to join in the nomination, to provide
comments on the nomination, or if the local government declines to
join in the nomination or fails to act upon the notice of nomination
within 90 days, the nomination may be submitted to the office and
shall include any comments of the local government.
   (2) Prior to acting on the nomination of a survey, an individual
resource, an historic district, or other resource to be added to the
California Register, the commission shall notify property owners, the
local government in which the resource is located, local agencies,
other interested persons, and members of the general public of the
nomination and provide not less than 60 calendar days for comment on
the nomination. The commission shall consider those comments in
determining whether to list the resource as an historical resource in
the California Register.
   (3) If the local government objects to the nomination, the
commission shall give full and careful consideration to the objection
before acting upon the nomination. Where an objection has been
raised, the commission shall adopt written findings to support its
determination concerning the nomination. At a minimum, the findings
shall identify the historical or cultural significance of the
resource, and, if applicable, the overriding significance of the
resource that has resulted in the resource being listed in the
California Register over the objections of the local government.
   (4) If the owner of a private property or the majority of owners
for an historic district or single property with multiple owners
object to the nomination, the commission shall not list the property
as an historical resource in the California Register until the
objection is withdrawn. Objections shall be submitted to the
commission by the owner of the private property in the form of a
notarized statement certifying that the party is the sole or partial
owner of the property, and that the party objects to the listing.
   (5) If private property cannot be presently listed in the
California Register solely because of owner objection, the commission
shall nevertheless designate the property as eligible for listing.
   (g) A resource identified as significant in an historical resource
survey may be listed in the California Register if the survey meets
all of the following criteria:
   (1) The survey has been or will be included in the State Historic
Resources Inventory.
   (2) The survey and the survey documentation were prepared in
accordance with office procedures and requirements.
   (3) The resource is evaluated and determined by the office to have
a significance rating of Category 1 to 5 on DPR Form 523.
   (4) If the survey is five or more years old at the time of its
nomination for inclusion in the California Register, the survey is
updated to identify historical resources which have become eligible
or ineligible due to changed circumstances or further documentation
and those which have been demolished or altered in a manner that
substantially diminishes the significance of the resource.
   (h) Upon listing an historical resource or determining that a
property is an historical resource that is eligible for listing, in
the California Register, the commission shall notify any owner of the
historical resource and also the county and city in which the
historical resource is located in accordance with procedures adopted
by the commission.
   (i) The commission shall adopt procedures for the delisting of
historical resources which become ineligible for listing in the
California Register.


5024.5.  (a) No state agency shall alter the original or significant
historical features or fabric, or transfer, relocate, or demolish
historical resources on the master list maintained pursuant to
subdivision (d) of Section 5024 without, early in the planning
processes, first giving notice and a summary of the proposed action
to the officer who shall have 30 days after receipt of the notice and
summary for review and comment.
   (b) If the officer determines that a proposed action will have an
adverse effect on a listed historical resource, the head of the state
agency having jurisdiction over the historical resource and the
officer shall adopt prudent and feasible measures that will eliminate
or mitigate the adverse effects. The officer shall consult the State
Historical Building Safety Board for advice when appropriate.
   (c) Each state agency shall maintain written documentation of the
officer's concurrence with proposed actions which would have an
effect on an historical resource on the master list.
   (d) The officer shall report to the Office of Planning and
Research for mediation instances of state agency refusal to propose,
to consider, or to adopt prudent and feasible alternatives to
eliminate or mitigate adverse effects on historical resources on the
master list as specified in subdivision (f) of Section 5024.
   (e) The officer may monitor the implementation of proposed actions
of any state agency.
   (f) Until such time as a structure is evaluated for possible
inclusion in the inventory pursuant to subdivisions (b) and (c) of
Section 5024, state agencies shall assure that any structure which
might qualify for listing is not inadvertently transferred or
unnecessarily altered.
   (g) The officer may provide local governments with information on
methods to preserve their historical resources.



5024.6.  There is in the department the State Office of Historic
Preservation, which is under the direction of the officer. The office
shall do all of the following:
   (a) Serve as the staff of the commission in carrying out its
responsibilities, and as the staff of the officer in carrying out the
responsibilities of that position.
   (b) Recommend properties of historical significance for nomination
by the commission for the National Register of Historic Places, for
registration as historical landmarks and points of historical
interest, and for listing in the California Register.
   (c) Administer state and federal incentive programs for the
preservation of historical resources, including the California
Register.
   (d) Provide information on federal and state benefits for
preservation projects and enhancement of historical resources.
   (e) Administer grant and loan programs to survey historical
resources and assist the development and enhancement of these
resources.
   (f) Assist other state agencies by providing information and
education on the economic and social benefits of utilizing historical
resources.
   (g) Provide public education and information on the preservation
and enhancement of historical resources.
   (h) Provide information and technical assistance to local, state,
and national organizations to promote preservation and enhancement of
historical resources by developing model ordinances, financial
mechanisms, educational programs, conferences, workshops, and other
materials.
   (i) Cooperate with cultural and ethnic commissions, such as the
Native American Heritage Commission, or other organizations or
representatives when projects involve these groups' concerns.
   (j) Review and comment on the impact on historical resources of
publicly funded projects and programs undertaken by other
governmental agencies.
   (k) Review applications for excavation and salvage permits for
salvage in state waters.
   (l) Assist the State Lands Commission in administering Section
6313.
   (m) Administer the California Register in accordance with
procedures adopted by the commission.
   (n) Administer and maintain the State Historic Resources Inventory
in accordance with procedures developed by the office and adopted by
the commission.
   (o) Administer the California Heritage Fund created pursuant to
Section 5079.10.



5025.  (a) The Legislature hereby finds and declares that there is a
need for state repositories dedicated to the preservation and
restoration of historic artifacts relating to the science, art, and
practice of aviation in this state and the nation.
   (b) The California City Museum and Restoration Facility is hereby
designated a state aviation museum.
   (c) The department may extend technical assistance and other
nonfinancial support to the California City Museum and Restoration
Facility. The California City Museum and Restoration Facility shall
reimburse the department for all costs incurred pursuant to this
subdivision.
   (d) The California City Museum and Restoration Facility may serve
as a repository for the purpose of collecting, preserving, restoring,
and displaying artifacts and memorabilia of the significant role
that the state has played in the development of aviation, and may
also store and display national and international memorabilia of the
aviation industry and its pioneers and practitioners.
   (e) Prior to the acceptance of any aircraft, any aircraft-related
artifacts, tools, or supplies, or any other materials for display in
the aviation museum, it is the intent of the Legislature that the
California City Museum and Restoration Facility execute an agreement
with any donor of those materials that provides for the disposition
of the materials if the museum closes or otherwise becomes
inaccessible to the public.



5025.11.  The department shall, with the advice of the Historical
Landmarks Advisory Committee, or, as to certifications on or after
January 1, 1975, with the advice of the commission, certify the route
followed by Colonel John Charles Fremont and party from the Nevada
state line through Mono, Inyo, Alpine, Amador, and El Dorado Counties
to Sutter's Fort in Sacramento County in the winter of 1843, and the
Donner Party Trail, from the Nevada state line to the junction of
Verdi Canyon to Alder Creek Camp of the Donner Party, thence to the
Donner Monument at Donner Memorial State Park. The department may
certify and mark, with the advice of the commission, other historic
routes of travel within the state.


5025.12.  The department is authorized to place suitable markers
along these certified routes at intervals and at each intersection
with a state highway or county road.



5025.2.  It shall be the duty of the department to keep in repair,
or cause to be kept in repair, all markers of such historical routes.



5025.3.  The Governor's Mansion, located at 1526 H Street,
Sacramento, shall be under the control and management of the
department and shall be named the Old Governor's Mansion State
Historic Park, subject to the approval of the State Park and
Recreation Commission. The Director of General Services shall
transfer jurisdiction over the property and all its contents to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system.




5026.  Upon receipt of an application for an entry on the National
Register of Historic Places and prior to making any evaluation and
recommendation with respect to such application, the commission shall
first submit the application to the appropriate city council or
county board of supervisors for comment. The city council or county
board of supervisors shall have 45 days from the date of receipt in
which to transmit written comments to the commission. Each member of
the commission shall be provided by staff with a copy of such
comments not less than 15 days prior to the hearing on the
application by the commission.


5027.  Any building or structure that is listed on the National
Register of Historic Places and is transferred from state ownership
to another public agency shall not be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, without the prior approval of the Legislature
by statute. This section applies to any building or structure
transferred from state ownership to another public agency after
January 1, 1987.


5027.1.  (a) As required by Section 5027, the Legislature hereby
approves demolition of the Transbay Terminal building at First and
Mission Streets in the City and County of San Francisco, including
its associated vehicle ramps, for construction of a new terminal at
the same location, designed to serve Caltrain in addition to local,
regional, and intercity buslines, and designed to accommodate
high-speed passenger rail service. The Transbay Joint Powers
Authority shall have primary jurisdiction with respect to all matters
concerning the financing, design, development, construction, and
operation of the new terminal.
   (b) Notwithstanding any other law, any redevelopment plan adopted
to finance, in whole or in part, the demolition of the Transbay
Terminal building and the construction of a new terminal, including
its associated vehicle ramps, shall ensure that at least 25 percent
of all dwelling units developed within the project area shall be
available at affordable housing cost to, and occupied by, persons and
families whose incomes do not exceed 60 percent of the area median
income, and that at least an additional 10 percent of all dwelling
units developed within the project area shall be available at
affordable housing cost to, and occupied by, persons and families
whose incomes do not exceed 120 percent of the area median income.
The redevelopment agency shall ensure that dwelling units made
affordable pursuant to this subdivision remain available at
affordable housing cost to, and occupied by, persons and families of
the respective income categories consistent with the time
requirements contained in subdivision (f) of Section 33334.3 of, and
subparagraph (C) of paragraph (2) of subdivision (b) of Section 33413
of, the Health and Safety Code.



5028.  (a) No structure that is listed on the National Register of
Historic Places, on the California Register of Historic Places, or on
any local public register of historic places, and that has been
damaged due to a natural disaster, including, but not limited to, an
earthquake, fire, or flood, may be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, unless the structure presents an imminent
threat to the public of bodily harm or of damage to adjacent
property, or unless the State Office of Historic Preservation
determines, pursuant to subdivision (b), that the structure may be
demolished, destroyed, or significantly altered.
   (b) Any local government may apply to the State Office of Historic
Preservation for its determination as to whether a structure meeting
the description set forth in subdivision (a) shall be demolished,
destroyed, or significantly altered. That determination shall be
based upon the extent of damage to the structure, the cost of
rehabilitating or reconstructing the structure, the structure's
historical significance, and any other factor deemed by the State
Office of Historic Preservation to be relevant. In making that
determination, the State Office of Historic Preservation shall
consider the recommendation made by a team selected by the State
Office of Historic Preservation, composed of three residents with
historic preservation expertise who reside in the affected county.
The determination of the State Office of Historic Preservation shall
be issued no later than 30 days after the structure was damaged, or
30 days after the receipt of the application, whichever occurred
later.



5029.  (a) The commission shall, within 90 days after the approval
by the director of the issuance by the commission of an historical
resources designation for an individual property, submit to the
county recorder for recordation, and the county recorder shall
record, a certified resolution establishing the historical resources
designation. For historical resources designations approved prior to
March 15, 1993, the commission may submit for recordation, and the
county recorder shall record, a certified resolution of historical
resources designation.
   (b) Any local agency, or unit thereof, shall, within 90 days of an
historical resources designation by the local agency or unit for an
individual property, submit to the county recorder for recordation,
and the county recorder shall record, a certified resolution
establishing the historical resources designation. For historical
resources designations made prior to March 15, 1993, the local
agency, or unit thereof, may submit for recordation, and the county
recorder shall record, a certified resolution of historical resources
designation.
   (c) The resolution shall include the name of the current property
owner, the designating entity, the specific historical resources
designation, and a legal description of the property.
   (d) The recorder shall index the recorded resolutions of the
commission or local agency, or unit thereof, listing the respective
agency as the "grantor" and the current owner as the "grantee" for
that purpose.
   (e) For the purpose of this section, the term "historical
resources designation" means the California Register of Historical
Resources and any local historical resources designation resulting in
restrictions on demolitions or alterations.
   (f) This section shall have no effect on the right, title, or
interest in the property identified after March 15, 1993, which is
acquired by a bona fide purchaser for value between the time of
designation of the property as a historical resource and time that
the designation is recorded unless the purchaser had actual knowledge
of the designation.
   (g) This section shall have no effect upon the title to any
property that is subject to this section.



5029.5.  (a) Notwithstanding any other provision of law, fifty
percent (50%) of the revenue collected by the Department of
Transportation, in each fiscal year, from rental receipts from a
federally designated historic property, or from property listed as a
state historical resource pursuant to Section 5024, that is owned by
the Department of Transportation and located in a freeway
right-of-way corridor, less any amount transmitted in lieu of
property tax to a city, county, or city and county, as required by
law, shall be deposited in the Historic Property Maintenance Fund,
which is hereby created in the Treasury.
   (b) Moneys in the fund may be expended by the Department of
Transportation, upon appropriation by the Legislature, to pay for
costs associated with the maintenance and operation of the historic
property described in subdivision (a). Any moneys deposited into the
fund are in addition to, and are not intended to supplant or replace,
any existing funds that are currently available to any state agency
for the operation and maintenance of historical resources.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 5020-5029.5

PUBLIC RESOURCES CODE
SECTION 5020-5029.5



5020.  The Historical Landmarks Advisory Committee is continued in
existence as the State Historical Resources Commission. Any reference
in any law to the Historical Landmarks Advisory Committee shall be
deemed to refer to the State Historical Resources Commission.



5020.1.  As used in this article:
   (a) "California Register" means the California Register of
Historical Resources.
   (b) "Certified local government" means a local government that has
been certified by the National Park Service to carry out the
purposes of the National Historic Preservation Act of 1966 (16 U.S.C.
Sec. 470 et seq.) as amended, pursuant to Section 101 (c) of that
act and the regulations adopted under the act which are set forth in
Part 61 (commencing with Section 61.1) of Title 36 of the Code of
Federal Regulations.
   (c) "Commission" means the State Historical Resources Commission.
   (d) "Department" means the Department of Parks and Recreation.
   (e) "Director" means the Director of Parks and Recreation.
   (f) "DPR Form 523" means the Department of Parks and Recreation
Historic Resources Inventory Form.
   (g) "Folklife" means traditional expressive culture shared within
familial, ethnic, occupational, or regional groups and includes, but
is not limited to, technical skill, language, music, oral history,
ritual, pageantry, and handicraft traditions which are learned
orally, by imitation, or in performance, and are generally maintained
without benefit of formal instruction or institutional direction.
However, "folklife" does not include an area or a site solely on the
basis that those activities took place in that area or on that site.
   (h) "Historic district" means a definable unified geographic
entity that possesses a significant concentration, linkage, or
continuity of sites, buildings, structures, or objects united
historically or aesthetically by plan or physical development.
   (i) "Historical landmark" means any historical resource which is
registered as a state historical landmark pursuant to Section 5021.
   (j) "Historical resource" includes, but is not limited to, any
object, building, structure, site, area, place, record, or manuscript
which is historically or archaeologically significant, or is
significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military, or cultural
annals of California.
   (k) "Local register of historical resources" means a list of
properties officially designated or recognized as historically
significant by a local government pursuant to a local ordinance or
resolution.
   (l) "National Register of Historic Places" means the official
federal list of districts, sites, buildings, structures, and objects
significant in American history, architecture, archaeology,
engineering, and culture as authorized by the National Historic
Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.).
   (m) "Office" means the State Office of Historic Preservation.
   (n) "Officer" means the State Historic Preservation Officer.
   (o) "Point of historical interest" means any historical resource
which is registered as a point of historical interest pursuant to
Section 5021.
   (p) "State Historic Resources Inventory" means the compilation of
all identified, evaluated, and determined historical resources
maintained by the office and specifically those resources evaluated
in historical resource surveys conducted in accordance with criteria
established by the office, formally determined eligible for, or
listed in, the National Register of Historic Places, or designated as
historical landmarks or points of historical interest.
   (q) "Substantial adverse change" means demolition, destruction,
relocation, or alteration such that the significance of an historical
resource would be impaired.



5020.2.  (a) The commission consists of nine members appointed by
the Governor. The director, in consultation with the State Historic
Preservation Officer, shall submit to the Governor a list of persons
to be considered for vacant positions on the commission.
   (b) (1) Five members shall be recognized professionals in one of
each of the following disciplines: history, prehistoric archaeology,
historic archaeology, architectural history, and architecture.
However, one individual may represent both disciplines of
architecture and architectural history and one individual may
represent both disciplines of prehistoric archaeology and historic
archaeology.
   (2) One member shall be knowledgeable in ethnic history.
   (3) One member shall be knowledgeable in folklife.
   (4) Two members shall represent the public or possess expertise in
fields of expertise the Governor deems necessary or desirable to
enable the commission to carry out its responsibilities.
   (c) Members shall hold office for a term of four years.
   (d) Members of the commission on January 1, 1985, shall not be
disqualified from serving the remainder of their existing term by
reason of the requirements of subdivision (b). However, appointments
made to the commission on and after January 1, 1985, shall be made so
that the requirements of paragraph (1) of subdivision (b) are
satisfied at the earliest possible time.



5020.3.  (a) The commission shall meet at least four times per year
in places it deems necessary to fulfill its responsibilities. Five
members of the commission constitute a quorum.
   (b) The commission shall elect annually from its members a
chairperson and vice chairperson.
   (c) The members of the commission may receive a salary for their
services in an amount of fifty dollars ($50) for each day, up to a
maximum salary of one hundred dollars ($100) per month. A member of
the commission may also be reimbursed for the actual and necessary
expenses which are incurred in the performance of the member's
duties.
   Notwithstanding any other provision of law, any member of the
commission who is also a member of, and is entitled to receive the
benefits from, the Legislators' Retirement System may elect to forego
the compensation provided by this section and, if the compensation
is foregone, the member shall not have his or her retirement benefits
reduced and shall not be required to be reinstated into the
retirement system.


5020.4.  (a) The commission shall do all of the following:
   (1) Receive and evaluate applications for, and make
recommendations with respect to entries on, the National Register of
Historic Places to the officer.
   (2) Conduct a statewide inventory and maintain comprehensive
records of historical resources pursuant to federal and state law,
including, but not limited to, historical landmarks and points of
historical interest.
   (3) Establish criteria for the recording and preservation of
historical resources, and for deletions from historical registers
warranted by destruction or damage of a historical resource or other
change in conditions.
   (4) Develop and adopt criteria for the rehabilitation of historic
structures.
   (5) Establish policies and guidelines in compliance with state and
federal requirements for a comprehensive statewide historical
resources plan which includes, but is not limited to, architecture,
history, archaeology, and folklife.
   (6) Develop and update annually, based upon public hearings and
active public participation, the statewide historical resources plan.
   (7) Make recommendations to the department, based upon the
statewide historical resources plan, including the listing of
historical resource projects on a priority basis.
   (8) Oversee the administration of the California Register, receive
and evaluate nominations to, and cause qualified resources to be
listed in, the California Register, and adopt, as necessary, timely
revisions of the California Register criteria and procedures as may
be advisable.
   (9) Recommend to the department the criteria and standards for
acceptance of historical buildings, structures, sites, or places for
registration as historical landmarks or points of historical
interest.
   (10) Receive and evaluate applications for registration of
structures, sites, or places as historical landmarks or points of
historical interest. The commission shall select and designate
historical landmarks and points of historical interest that it
determines meet the criteria in subdivision (a) of Section 5031. The
commission shall maintain a register which identifies historical
landmarks and points of historical interest by number and
description.
   (11) Make recommendations to the office with respect to a standard
design and detail for the marker or plaque which may be erected or
raised at registered historical landmarks or historical resources,
and with respect to the use of the marker or plaque. The commission
shall consult with cities and counties in developing design and
placement standards. These standards shall not prevent a city or
county from implementing its own standards if they meet the minimum
criteria established by the commission.
   (12) Recommend to the department the type of directional sign to
be erected in connection with the registration of a point of
historical interest. The commission shall consult with cities and
counties in developing design and placement standards. These
standards shall not prevent a city or county from implementing its
own standards if they meet the minimum criteria established by the
commission.
   (13) Submit an annual report in January to the director and the
Legislature giving an account of its activities, identifying
unattained goals of historical resources plans and programs, and
recommending needed legislation for the support of those programs.
The director shall advise the commission of new and continuing plans,
policy, and programs concerning statewide historical resources and
shall receive and consider the views of the commission.
   (14) Consult with, and consider the recommendation of, public
agencies, civic groups, and citizens interested in historic
preservation.
   (15) Develop criteria and procedures based upon public hearings
and active public participation for the selection of projects to be
funded through the National Historic Preservation Fund, the
California Heritage Fund, and other federal and state programs that
have as their primary purpose the preservation and enhancement of
historical resources.
   (16) Prepare, or cause to be prepared, and recommend to the
director, a budget with respect to those duties and responsibilities
of the commission contained in this section.
   (b) The commission may adopt guidelines for the review of
applications for excavation and salvage permits submitted pursuant to
Section 6313 and make recommendations thereon to the State Lands
Commission.


5020.5.  (a) The commission shall develop criteria and methods for
determining the significance of archaeological sites, for selecting
the most important archaeological sites, and for determining whether
the most significant archaeological sites should be preserved intact
or excavated and interpreted.
   (b) The commission shall develop guidelines for the reasonable and
feasible collection, storage, and display of archaeological
specimens.


5020.6.  (a) The Governor shall appoint the State Historic
Preservation Officer. The director, in consultation with the
commission, shall submit to the Governor a list of persons to be
considered for the position. The person appointed shall be
knowledgeable about historical resources.
   (b) The officer shall serve as the executive secretary of the
commission and shall be the chief administrative officer of the
Office of Historic Preservation in the department.
   (c) The officer shall have no responsibilities other than those
provided by statute, executive order, and regulation, as well as any
other duties the director assigns for the preservation and
enhancement of the state's historical resources.
   (d) The officer, or the officer's alternate, shall serve as an ex
officio member of the Historic State Capitol Commission.



5020.7.  The Legislature recognizes that the long-term preservation
and enhancement of historical resources is dependent, to a large
extent, on the good will and cooperation of the general public and of
the public and private owners of those resources.
   Therefore, it is the intent of the Legislature that public
agencies, including the commission and the office, shall endeavor to
carry out their responsibilities under this article in a manner
designed to elicit the cooperation of the owners of both identified
and unidentified resources, to encourage the owners to perceive these
resources as assets rather than liabilities, and to encourage the
support of the general public for the preservation and enhancement of
historical resources.



5021.  The department shall consider all recommendations for
registration made by the commission, and shall register, as state
historical landmarks, those buildings, structures, sites, or places
which the department deems to be important historical resources and
shall register, as points of historical interest, those buildings,
structures, sites, or places which the department deems to be
historical resources of sufficient historical interest to qualify for
the placement of signs pursuant to Section 5022.5. The commission
shall maintain a register which shall identify by number and
description such historical landmarks and points of historical
interest.
   The department may publish results of office and field
archaeological investigation annually and shall issue additional
publications, such as detailed site reports and area resource
reports, as necessary, to inform the public and educational
institutions.



5022.  The department may contract with or cooperate with public or
private agencies for suitable plaques, markers, and directional signs
at the site of, or on the approaches to, registered historical
landmarks or points of historical interest, including signs on
highways and roads.



5022.5.  There shall be two categories of places of historical
significance: the registered historical landmark and the registered
point of historical interest. The location of the point of historical
interest shall be designated by a sign indicating "Point of
Historical Interest" with an appropriate direction, which sign shall
be erected and maintained by the Department of Transportation, as to
state highways, or the county authorities or city authorities, as to
streets or highways under their jurisdictions. A local historical
group or organization may raise a marker or plaque at a registered
point of historical interest. Nothing herein shall require the
signing of such points where parking is not available or where such
signing would cause a traffic safety hazard or would interfere with
the normal flow of traffic.



5022.6.  The department shall adopt standard design and detail for
the marker and for the plaque which may be erected or raised at
registered historical landmarks. The use of such marker or plaque
shall be prescribed by rule adopted by the department. Any person who
maliciously or for commercial purposes, or contrary to such rule,
uses or allows to be used any reproduction or facsimile of such
standard marker or plaque in any manner whatsoever is guilty of a
misdemeanor.


5023.  (a) It shall be the duty of the Department of Transportation
to keep in repair all objects or markers adjacent to a state highway
which have been erected to mark registered historical places and to
keep such monuments or markers free from vegetation which may obscure
them from view.
   (b) It shall be the duty of the county authorities, in charge of
county highways, and all city authorities, with respect to streets
and highways under their respective jurisdictions, to keep in repair
or cause to be kept in repair all objects or markers adjacent to a
public highway which have been erected to mark registered historical
places and to keep such markers and monuments free from all
vegetation which may obscure them from view.
   (c) It shall be the duty of the department to keep in repair or
cause to be kept in repair all objects, markers and monuments
designating any registered historical places in respect to which no
obligation in respect thereto is imposed on other governmental
agencies by this section, and the department shall keep such markers
and monuments free from all vegetation which may obscure them from
view.



5024.  (a) On or before January 1, 1982, each state agency shall
formulate policies to preserve and maintain, when prudent and
feasible, all state-owned historical resources under its jurisdiction
listed in or potentially eligible for inclusion in the National
Register of Historic Places or registered or eligible for
registration as a state historical landmark pursuant to Section 5021.
The State Historic Preservation Officer shall provide such agencies
with advice and assistance as needed.
   (b) On or before July 1, 1983, each state agency shall submit to
the State Historic Preservation Officer an inventory of all
state-owned structures over 50 years of age under its jurisdiction
listed in or which may be eligible for inclusion in the National
Register of Historic Places or registered or which may be eligible
for registration as a state historical landmark. State-owned
structures in freeway rights-of-way shall be inventoried before
approval of any undertaking which would alter their original or
significant features or fabric, or transfer, relocate or demolish
those structures.
   (c) The State Historic Preservation Officer, with the advice of
the State Historical Resources Commission, shall establish standards,
after consultation with agencies to be affected, for the submittal
of inventories and development of policies for the review of
historical resources identified pursuant to this section. These
review procedures shall permit the State Historic Preservation
Officer to determine which historical resources identified in
inventories meet National Register of Historic Places and state
historical landmark criteria and shall be placed in the master list
of historical resources.
   (d) The State Historic Preservation Officer shall maintain a
master list comprised of all inventoried structures submitted and
determined significant pursuant to this section and all state-owned
historical resources currently listed in the National Register of
Historic Places or registered as a state historical landmark under
state agency jurisdiction. The State Historic Preservation Officer
shall inform agencies with historical resources on the master list of
current sources of funding for preservation activities, including
rehabilitation and restoration.
   (e) On or before July 1, 1984, and annually thereafter, each state
agency shall submit inventory updates to the State Historic
Preservation Officer and a statement of its year's preservation
activities.
   (f) Each state agency shall submit to the State Historic
Preservation Officer for comment documentation for any project having
the potential to affect historical resources listed in or
potentially eligible for inclusion in the National Register of
Historic Places or registered as or eligible for registration as a
state historical landmark.
   (g) As used in this section and Section 5024.5, "state agency"
means any agency, department, division, commission, board, bureau,
officer, or other authority of the State of California.
   (h) As used in this section and Section 5024.5, "structure" means
an immovable work constructed by man having interrelated parts in a
definite pattern of organization and used to shelter or promote a
form of human activity and which constitutes an historical resource.




5024.1.  (a) A California Register of Historical Resources is hereby
established. The California Register is an authoritative guide in
California to be used by state and local agencies, private groups,
and citizens to identify the state's historical resources and to
indicate what properties are to be protected, to the extent prudent
and feasible, from substantial adverse change. The commission shall
oversee the administration of the California Register.
   (b) The California Register shall include historical resources
determined by the commission, according to procedures adopted by the
commission, to be significant and to meet the criteria in subdivision
(c).
   (c) A resource may be listed as an historical resource in the
California Register if it meets any of the following National
Register of Historic Places criteria:
   (1) Is associated with events that have made a significant
contribution to the broad patterns of California's history and
cultural heritage.
   (2) Is associated with the lives of persons important in our past.
   (3) Embodies the distinctive characteristics of a type, period,
region, or method of construction, or represents the work of an
important creative individual, or possesses high artistic values.
   (4) Has yielded, or may be likely to yield, information important
in prehistory or history.
   (d) The California Register shall include the following:
   (1) California properties formally determined eligible for, or
listed in, the National Register of Historic Places.
   (2) State Historical Landmark No. 770 and all consecutively
numbered state historical landmarks following No. 770. For state
historical landmarks preceding No. 770, the office shall review their
eligibility for the California Register in accordance with
procedures to be adopted by the commission.
   (3) Points of historical interest which have been reviewed by the
office and recommended for listing by the commission for inclusion in
the California Register in accordance with criteria adopted by the
commission.
   (e) If nominated for listing in accordance with subdivision (f),
and determined to be significant by the commission, the California
Register may include the following:
   (1) Individual historical resources.
   (2) Historical resources contributing to the significance of an
historic district under criteria adopted by the commission.
   (3) Historical resources identified as significant in historical
resources surveys, if the survey meets the criteria listed in
subdivision (g).
   (4) Historical resources and historic districts designated or
listed as city or county landmarks or historic properties or
districts pursuant to any city or county ordinance, if the criteria
for designation or listing under the ordinance have been determined
by the office to be consistent with California Register criteria
adopted by the commission.
   (5) Local landmarks or historic properties designated under any
municipal or county ordinance.
   (f) A resource may be nominated for listing as an historical
resource in the California Register in accordance with nomination
procedures adopted by the commission, subject to all of the
following:
   (1) If the applicant is not the local government in whose
jurisdiction the resource is located, a notice of nomination in the
form prescribed by the commission shall first be submitted by the
applicant to the clerk of the local government. The notice shall
request the local government to join in the nomination, to provide
comments on the nomination, or if the local government declines to
join in the nomination or fails to act upon the notice of nomination
within 90 days, the nomination may be submitted to the office and
shall include any comments of the local government.
   (2) Prior to acting on the nomination of a survey, an individual
resource, an historic district, or other resource to be added to the
California Register, the commission shall notify property owners, the
local government in which the resource is located, local agencies,
other interested persons, and members of the general public of the
nomination and provide not less than 60 calendar days for comment on
the nomination. The commission shall consider those comments in
determining whether to list the resource as an historical resource in
the California Register.
   (3) If the local government objects to the nomination, the
commission shall give full and careful consideration to the objection
before acting upon the nomination. Where an objection has been
raised, the commission shall adopt written findings to support its
determination concerning the nomination. At a minimum, the findings
shall identify the historical or cultural significance of the
resource, and, if applicable, the overriding significance of the
resource that has resulted in the resource being listed in the
California Register over the objections of the local government.
   (4) If the owner of a private property or the majority of owners
for an historic district or single property with multiple owners
object to the nomination, the commission shall not list the property
as an historical resource in the California Register until the
objection is withdrawn. Objections shall be submitted to the
commission by the owner of the private property in the form of a
notarized statement certifying that the party is the sole or partial
owner of the property, and that the party objects to the listing.
   (5) If private property cannot be presently listed in the
California Register solely because of owner objection, the commission
shall nevertheless designate the property as eligible for listing.
   (g) A resource identified as significant in an historical resource
survey may be listed in the California Register if the survey meets
all of the following criteria:
   (1) The survey has been or will be included in the State Historic
Resources Inventory.
   (2) The survey and the survey documentation were prepared in
accordance with office procedures and requirements.
   (3) The resource is evaluated and determined by the office to have
a significance rating of Category 1 to 5 on DPR Form 523.
   (4) If the survey is five or more years old at the time of its
nomination for inclusion in the California Register, the survey is
updated to identify historical resources which have become eligible
or ineligible due to changed circumstances or further documentation
and those which have been demolished or altered in a manner that
substantially diminishes the significance of the resource.
   (h) Upon listing an historical resource or determining that a
property is an historical resource that is eligible for listing, in
the California Register, the commission shall notify any owner of the
historical resource and also the county and city in which the
historical resource is located in accordance with procedures adopted
by the commission.
   (i) The commission shall adopt procedures for the delisting of
historical resources which become ineligible for listing in the
California Register.


5024.5.  (a) No state agency shall alter the original or significant
historical features or fabric, or transfer, relocate, or demolish
historical resources on the master list maintained pursuant to
subdivision (d) of Section 5024 without, early in the planning
processes, first giving notice and a summary of the proposed action
to the officer who shall have 30 days after receipt of the notice and
summary for review and comment.
   (b) If the officer determines that a proposed action will have an
adverse effect on a listed historical resource, the head of the state
agency having jurisdiction over the historical resource and the
officer shall adopt prudent and feasible measures that will eliminate
or mitigate the adverse effects. The officer shall consult the State
Historical Building Safety Board for advice when appropriate.
   (c) Each state agency shall maintain written documentation of the
officer's concurrence with proposed actions which would have an
effect on an historical resource on the master list.
   (d) The officer shall report to the Office of Planning and
Research for mediation instances of state agency refusal to propose,
to consider, or to adopt prudent and feasible alternatives to
eliminate or mitigate adverse effects on historical resources on the
master list as specified in subdivision (f) of Section 5024.
   (e) The officer may monitor the implementation of proposed actions
of any state agency.
   (f) Until such time as a structure is evaluated for possible
inclusion in the inventory pursuant to subdivisions (b) and (c) of
Section 5024, state agencies shall assure that any structure which
might qualify for listing is not inadvertently transferred or
unnecessarily altered.
   (g) The officer may provide local governments with information on
methods to preserve their historical resources.



5024.6.  There is in the department the State Office of Historic
Preservation, which is under the direction of the officer. The office
shall do all of the following:
   (a) Serve as the staff of the commission in carrying out its
responsibilities, and as the staff of the officer in carrying out the
responsibilities of that position.
   (b) Recommend properties of historical significance for nomination
by the commission for the National Register of Historic Places, for
registration as historical landmarks and points of historical
interest, and for listing in the California Register.
   (c) Administer state and federal incentive programs for the
preservation of historical resources, including the California
Register.
   (d) Provide information on federal and state benefits for
preservation projects and enhancement of historical resources.
   (e) Administer grant and loan programs to survey historical
resources and assist the development and enhancement of these
resources.
   (f) Assist other state agencies by providing information and
education on the economic and social benefits of utilizing historical
resources.
   (g) Provide public education and information on the preservation
and enhancement of historical resources.
   (h) Provide information and technical assistance to local, state,
and national organizations to promote preservation and enhancement of
historical resources by developing model ordinances, financial
mechanisms, educational programs, conferences, workshops, and other
materials.
   (i) Cooperate with cultural and ethnic commissions, such as the
Native American Heritage Commission, or other organizations or
representatives when projects involve these groups' concerns.
   (j) Review and comment on the impact on historical resources of
publicly funded projects and programs undertaken by other
governmental agencies.
   (k) Review applications for excavation and salvage permits for
salvage in state waters.
   (l) Assist the State Lands Commission in administering Section
6313.
   (m) Administer the California Register in accordance with
procedures adopted by the commission.
   (n) Administer and maintain the State Historic Resources Inventory
in accordance with procedures developed by the office and adopted by
the commission.
   (o) Administer the California Heritage Fund created pursuant to
Section 5079.10.



5025.  (a) The Legislature hereby finds and declares that there is a
need for state repositories dedicated to the preservation and
restoration of historic artifacts relating to the science, art, and
practice of aviation in this state and the nation.
   (b) The California City Museum and Restoration Facility is hereby
designated a state aviation museum.
   (c) The department may extend technical assistance and other
nonfinancial support to the California City Museum and Restoration
Facility. The California City Museum and Restoration Facility shall
reimburse the department for all costs incurred pursuant to this
subdivision.
   (d) The California City Museum and Restoration Facility may serve
as a repository for the purpose of collecting, preserving, restoring,
and displaying artifacts and memorabilia of the significant role
that the state has played in the development of aviation, and may
also store and display national and international memorabilia of the
aviation industry and its pioneers and practitioners.
   (e) Prior to the acceptance of any aircraft, any aircraft-related
artifacts, tools, or supplies, or any other materials for display in
the aviation museum, it is the intent of the Legislature that the
California City Museum and Restoration Facility execute an agreement
with any donor of those materials that provides for the disposition
of the materials if the museum closes or otherwise becomes
inaccessible to the public.



5025.11.  The department shall, with the advice of the Historical
Landmarks Advisory Committee, or, as to certifications on or after
January 1, 1975, with the advice of the commission, certify the route
followed by Colonel John Charles Fremont and party from the Nevada
state line through Mono, Inyo, Alpine, Amador, and El Dorado Counties
to Sutter's Fort in Sacramento County in the winter of 1843, and the
Donner Party Trail, from the Nevada state line to the junction of
Verdi Canyon to Alder Creek Camp of the Donner Party, thence to the
Donner Monument at Donner Memorial State Park. The department may
certify and mark, with the advice of the commission, other historic
routes of travel within the state.


5025.12.  The department is authorized to place suitable markers
along these certified routes at intervals and at each intersection
with a state highway or county road.



5025.2.  It shall be the duty of the department to keep in repair,
or cause to be kept in repair, all markers of such historical routes.



5025.3.  The Governor's Mansion, located at 1526 H Street,
Sacramento, shall be under the control and management of the
department and shall be named the Old Governor's Mansion State
Historic Park, subject to the approval of the State Park and
Recreation Commission. The Director of General Services shall
transfer jurisdiction over the property and all its contents to the
Department of Parks and Recreation, which shall administer the
property as a unit of the state park system.




5026.  Upon receipt of an application for an entry on the National
Register of Historic Places and prior to making any evaluation and
recommendation with respect to such application, the commission shall
first submit the application to the appropriate city council or
county board of supervisors for comment. The city council or county
board of supervisors shall have 45 days from the date of receipt in
which to transmit written comments to the commission. Each member of
the commission shall be provided by staff with a copy of such
comments not less than 15 days prior to the hearing on the
application by the commission.


5027.  Any building or structure that is listed on the National
Register of Historic Places and is transferred from state ownership
to another public agency shall not be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, without the prior approval of the Legislature
by statute. This section applies to any building or structure
transferred from state ownership to another public agency after
January 1, 1987.


5027.1.  (a) As required by Section 5027, the Legislature hereby
approves demolition of the Transbay Terminal building at First and
Mission Streets in the City and County of San Francisco, including
its associated vehicle ramps, for construction of a new terminal at
the same location, designed to serve Caltrain in addition to local,
regional, and intercity buslines, and designed to accommodate
high-speed passenger rail service. The Transbay Joint Powers
Authority shall have primary jurisdiction with respect to all matters
concerning the financing, design, development, construction, and
operation of the new terminal.
   (b) Notwithstanding any other law, any redevelopment plan adopted
to finance, in whole or in part, the demolition of the Transbay
Terminal building and the construction of a new terminal, including
its associated vehicle ramps, shall ensure that at least 25 percent
of all dwelling units developed within the project area shall be
available at affordable housing cost to, and occupied by, persons and
families whose incomes do not exceed 60 percent of the area median
income, and that at least an additional 10 percent of all dwelling
units developed within the project area shall be available at
affordable housing cost to, and occupied by, persons and families
whose incomes do not exceed 120 percent of the area median income.
The redevelopment agency shall ensure that dwelling units made
affordable pursuant to this subdivision remain available at
affordable housing cost to, and occupied by, persons and families of
the respective income categories consistent with the time
requirements contained in subdivision (f) of Section 33334.3 of, and
subparagraph (C) of paragraph (2) of subdivision (b) of Section 33413
of, the Health and Safety Code.



5028.  (a) No structure that is listed on the National Register of
Historic Places, on the California Register of Historic Places, or on
any local public register of historic places, and that has been
damaged due to a natural disaster, including, but not limited to, an
earthquake, fire, or flood, may be demolished, destroyed, or
significantly altered, except for restoration to preserve or enhance
its historical values, unless the structure presents an imminent
threat to the public of bodily harm or of damage to adjacent
property, or unless the State Office of Historic Preservation
determines, pursuant to subdivision (b), that the structure may be
demolished, destroyed, or significantly altered.
   (b) Any local government may apply to the State Office of Historic
Preservation for its determination as to whether a structure meeting
the description set forth in subdivision (a) shall be demolished,
destroyed, or significantly altered. That determination shall be
based upon the extent of damage to the structure, the cost of
rehabilitating or reconstructing the structure, the structure's
historical significance, and any other factor deemed by the State
Office of Historic Preservation to be relevant. In making that
determination, the State Office of Historic Preservation shall
consider the recommendation made by a team selected by the State
Office of Historic Preservation, composed of three residents with
historic preservation expertise who reside in the affected county.
The determination of the State Office of Historic Preservation shall
be issued no later than 30 days after the structure was damaged, or
30 days after the receipt of the application, whichever occurred
later.



5029.  (a) The commission shall, within 90 days after the approval
by the director of the issuance by the commission of an historical
resources designation for an individual property, submit to the
county recorder for recordation, and the county recorder shall
record, a certified resolution establishing the historical resources
designation. For historical resources designations approved prior to
March 15, 1993, the commission may submit for recordation, and the
county recorder shall record, a certified resolution of historical
resources designation.
   (b) Any local agency, or unit thereof, shall, within 90 days of an
historical resources designation by the local agency or unit for an
individual property, submit to the county recorder for recordation,
and the county recorder shall record, a certified resolution
establishing the historical resources designation. For historical
resources designations made prior to March 15, 1993, the local
agency, or unit thereof, may submit for recordation, and the county
recorder shall record, a certified resolution of historical resources
designation.
   (c) The resolution shall include the name of the current property
owner, the designating entity, the specific historical resources
designation, and a legal description of the property.
   (d) The recorder shall index the recorded resolutions of the
commission or local agency, or unit thereof, listing the respective
agency as the "grantor" and the current owner as the "grantee" for
that purpose.
   (e) For the purpose of this section, the term "historical
resources designation" means the California Register of Historical
Resources and any local historical resources designation resulting in
restrictions on demolitions or alterations.
   (f) This section shall have no effect on the right, title, or
interest in the property identified after March 15, 1993, which is
acquired by a bona fide purchaser for value between the time of
designation of the property as a historical resource and time that
the designation is recorded unless the purchaser had actual knowledge
of the designation.
   (g) This section shall have no effect upon the title to any
property that is subject to this section.



5029.5.  (a) Notwithstanding any other provision of law, fifty
percent (50%) of the revenue collected by the Department of
Transportation, in each fiscal year, from rental receipts from a
federally designated historic property, or from property listed as a
state historical resource pursuant to Section 5024, that is owned by
the Department of Transportation and located in a freeway
right-of-way corridor, less any amount transmitted in lieu of
property tax to a city, county, or city and county, as required by
law, shall be deposited in the Historic Property Maintenance Fund,
which is hereby created in the Treasury.
   (b) Moneys in the fund may be expended by the Department of
Transportation, upon appropriation by the Legislature, to pay for
costs associated with the maintenance and operation of the historic
property described in subdivision (a). Any moneys deposited into the
fund are in addition to, and are not intended to supplant or replace,
any existing funds that are currently available to any state agency
for the operation and maintenance of historical resources.


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