§ 374
699 words·~3 min read·
/ca/streets-and-highways-code/374A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Route 74 is from:
(1)Route 5 near San Juan Capistrano to Route 15 near Lake Elsinore.
(2)Route 215 near Perris to the southern city limit of Palm Desert.
(b)The relinquished former portions of Route 74 within the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, are not state highways and are not eligible for adoption under Section 81. For the former portions of Route 74, the Cities of Lake Elsinore, Palm Desert, and Perris, and the County of Riverside, shall maintain within their respective jurisdictions signs directing motorists to the continuation of Route 74. The Cities of Lake Elsinore, Palm Desert, and Perris shall ensure the continuity of traffic flow on the relinquished portions of Route 74, including any traffic signal progression.
(1)The commission may relinquish to the City of Lake Elsinore the portion of Route 74 located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state.
(2)Any relinquishment agreement shall require that the City of Lake Elsinore administer the operation and maintenance of the highway in a manner consistent with professional traffic engineering standards.
(3)Any relinquishment agreement shall require the City of Lake Elsinore to ensure that appropriate traffic studies or analyses will be performed to substantiate any decisions affecting the highway.
(4)Any relinquishment agreement shall also require the City of Lake Elsinore to provide for public notice and the consideration of public input on the proximate effects of any proposed decision on traffic flow, residences, or businesses, other than a decision on routine maintenance.
(5)Notwithstanding any of its other terms, any relinquishment agreement shall require the City of Lake Elsinore to indemnify and hold the department harmless from any liability for any claims made or damages suffered by any person, including a public entity, as a result of any decision made or action taken by the City of Lake Elsinore, its officers, employees, contractors, or agents, with respect to the design, maintenance, construction, or operation of that portion of Route 74 that is to be relinquished to the city.
(6)A relinquishment under this subdivision shall become effective immediately after the county recorder records the relinquishment resolution that contains the commission’s approval of the terms and conditions of the relinquishment.
(7)On and after the effective date of the relinquishment, both of the following shall occur:
(A)The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.
(B)The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.
(8)The City of Lake Elsinore shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.
(9)For portions of Route 74 relinquished under this subdivision, the City of Lake Elsinore shall maintain signs directing motorists to the continuation of Route 74.
(1)Notwithstanding subdivision (a), the commission may relinquish to the City of Hemet the portion of Route 74 that is located within the city limits of the City of Hemet, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the City of Hemet enter into an agreement providing for that relinquishment.
(2)A relinquishment under this subdivision shall become effective immediately following the recordation by the county recorder of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(3)On and after the effective date of the relinquishment, both of the following shall occur:
(A)The portion of Route 74 relinquished under this subdivision shall cease to be a state highway.
(B)The portion of Route 74 relinquished under this subdivision may not be considered for future adoption under Section 81.
(4)The City of Hemet shall ensure the continuity of traffic flow on the portion of Route 74 relinquished under this subdivision, including any traffic signal progression.
(5)For portions of Route 74 relinquished under this subdivision, the City of Hemet shall maintain signs directing motorists to the continuation of Route 74.