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Juneau City Zoning Code

CHAPTER 49

40 - PARKING AND TRAFFIC1

Footnotes:
--- (1) ---

Editor's note—Sec. 39 of Serial No. 2015-03(c)(am), adopted Aug. 31, 2015, amended the title to chapter 49.40 to remove "Access".

Administrative Code of Regulations cross reference—Access, parking and traffic, Part IV, § 04 CBJAC 025.010 et seq.

Cross reference— Traffic, CBJ Code tit. 72.


ARTICLE I. - RESERVED[2]


Footnotes:
--- (2) ---

Editor's note— Sec. 40 of Serial No. 2015-03(c)(am), adopted Aug. 31, 2015, repealed and reserved art. I, which pertained to access, consisted of §§ 49.40.105—49.40.180, and derived from Serial No. 87-49, 1987; Serial No. 91-13, 1991; Serial No. 2006-15, adopted June 5, 2006; and Serial No. 2013-09, adopted May 23, 2013.


ARTICLE II. - PARKING AND LOADING[3]


Footnotes:
--- (3) ---

Editor's note—Sec. 2 of Serial No. 2022-04(b), adopted April 25, 2022, repealed and reenacted art. II in its entirety to read as herein set out. Former art. II pertained to the same subject matter, consisted of §§ 49.40.200—49.40.230, and derived from Serial No. 87-49, 1987; Serial No. 89-05, 1989; Serial No. 89-33, 1989; Serial No. 92-11, 1992; Serial No. 97-49, 1997; Serial No. 2006-14(b), adopted May 15, 2006; Serial No. 2006-15, adopted June 5, 2006; Serial No. 2006-33am, adopted October 30, 2006; Serial No. 2007-18, adopted April 23, 2007; Serial No. 2009-22(b), adopted October 12, 2009; Serial No. 2010-22, adopted July 19, 2010; Serial No. 2015-07(b)(am), adopted February 13, 2015; Serial No. 2015-32, adopted August 10, 2015; Serial No. 2016-14, adopted May 2, 2016; Serial No. 2016-46, adopted March 6, 2017; Serial No. 2018-31, adopted June 4, 2018; and Serial No. 2019-37, adopted March 16, 2020.


ARTICLE III. - TRAFFIC[4]


Footnotes:
--- (4) ---

Editor's note— Serial No. 2008-01, § 2, adopted January 28, 2008, effective February 28, 2008, repealed former Art. III, §§ 49.40.300, 49.40.310 and enacted provisions designated as a new Art. III to read as herein set out.

Cross reference— Traffic, CBJ Code tit. 72.


49.40.200 - General applicability.

Developers must provide off-street parking spaces for automobiles in accordance with the requirements set forth in this chapter at the time any structure is erected, expanded, or when there is a change in the principal use.

(a)

Special parking areas.

(1)

Town center parking area. The town center parking area, as depicted in Ordinance 2022-04(b) is adopted. The town center parking area consists of the lots within the area bound by West Tenth Street, Egan Drive, West Twelfth Street, D Street, West Ninth Street, C Street and its projection, West Eight Street and its projection, the rear lot lines of property between 370 through Distin Avenue, Sixth Street and its projection, Harris Street, projection of Third Street, projection of East Street, projection of Second Street, projection of Harris Street, the rear lot lines of property between 143 and 400 Gastineau Avenue, the rear lot lines of property between 511 and 889 South Franklin Street, and Gastineau Channel.

(2)

No parking required area. The No Parking Required Area, as depicted in Ordinance 2024-20 Exhibit A, is adopted. The lots within the area starting from the intersection of Fourth Street and Gold Street, thence southeasterly along Gold Street and Gastineau Avenue past Layton Way to a location near 490 South Franklin Street, thence southwesterly to Gastineau Channel, thence northwesterly along Gastineau Channel to the intersection of Heritage Way and Marine Way, thence westerly along Egan Drive to the west boundary of the Downtown Transportation Center, thence meandering northwesterly along the west boundaries of the Downtown Transportation Center and Blocks E and D of Juneau Townsite to West Third Street, thence northeasterly along West Third Street to Main Street, thence northwesterly along Main Street to the intersection with Fourth Street, thence along Fourth Street to the point of beginning, are excluded from the parking requirements of this chapter. No additional parking is required for development in this area.

(b)

Conforming parking. The requirements, alternatives and reductions of this chapter can be combined to meet parking requirements of a development.

(c)

Developer responsibility. Developer must submit documentation to demonstrate that applicable parking code requirements have been met, in conformance with this chapter.

(d)

Owner/occupant responsibility. The provision and maintenance of off-street parking and loading spaces required in this chapter is a continuing obligation and joint responsibility of the owner and occupants.

(e)

Determination. The determination of whether the parking requirements of this chapter are satisfied, with or without conditions, and deemed necessary for consistency with this title, must be made by:

(1)

The director for minor development;

(2)

The commission for major development; or

(3)

The commission if the development application relates to a series of applications for minor developments that, taken together, constitute major development, as determined by the director.

(f)

Expansion. In cases of expansion of a structure on or after the effective date of Ordinance 2022-04(b):

(1)

The number of additional off-street parking spaces required must be based on the gross floor area added.

(2)

No additional parking spaces are required if the additional spaces would amount to less than ten percent of the total required for the development and amount to two or less spaces.

(3)

For phased expansion, the required off-street parking spaces is the amount required for the completed development, as determined by the director.

(g)

Change in use. In cases of a change in use on or after the effective date of Ordinance 2022-04(b), the number of spaces required will be based on this chapter.

(h)

Replacement and reconstruction of certain nonconforming structures. Off-street parking requirements for the replacement and reconstruction of certain nonconforming structures in residential districts must be governed by chapter 49.30.

(i)

Mixed occupancy. Mixed occupancy is when two or more of the parking uses in section 49.40.210 share the same lot(s). For mixed occupancy, the total requirement for off-street parking facilities is the sum of the requirements for the uses computed separately.

(j)

Uses not specified. The requirements for off-street parking in section 49.20.320 are based on the requirements for the most comparable use specified, as determined by the director for minor development or by the commission for major development.

(k)

Location. Off-street parking facilities must be located as provided in this chapter. If a distance is specified, such distance is the walking distance measured from the building being served to the parking provision. Off-street parking facilities for:

(1)

Single-family dwellings and duplexes must be on the same lot as the building served;

(2)

Multifamily dwellings may not be more than 100 feet distant, unless compliant with section 49.40.215; and

(3)

Uses other than those specified above, may be not more than 500 feet distant, unless compliant with section 49.40.215.

(l)

Off-street parking requirements for a lot accessible by air or water only. Off-street parking requirements do not apply to a lot if it is accessible only by air or water. If the director determines that public access by automobile to the lot later becomes available, the owner of the property must be given notice and within one year must provide the required off-street parking.

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022; Serial No. 2024-20, § 2, 9-16-2024, eff. 10-16-2024)

_____

49.40.210 - Number of off-street parking spaces required.

(a)

General. The minimum number of off-street parking spaces required must be as set forth in the following table. The number of spaces must be calculated and rounded down to the nearest whole number:

UseSpaces Required in All Other AreasSpaces Required in Town Center Parking Area
Single-family and duplex 2 per each dwelling unit 1 per each dwelling unit
Multifamily units 1 per one bedroom unit 0.4 per one bedroom unit
1.5 per two-bedroom unit 0.6 per two-bedroom unit
2.0 per three- or more bedroom unit 0.8 per three- or more bedroom unit
Rooming house, boardinghouse, single-room occupancies with shared facilities, bed and breakfast, halfway house, and group home 1 per 2 bedrooms 1 per 5 bedrooms
Single-room occupancies with private facilities 1 per each single-room occupancy plus 1 additional per each increment of four single-room occupancies with private facilities 1 per 5 single-room occupancies, plus 1 per each increment of ten single-room occupancies with private facilities.
Accessory dwelling unit 1 per each unit; 0 per each unit if located within 1 mile of a public transit stop (see CBJA 49.25.512) 0 per each unit
Caretaker unit 0 per each unit 0 per each unit
Motel 1 per each unit in the motel 1 per each 12 units in the motel
Hotel 1 per each four units 1 per each 12 units
Hospital and nursing home 2 per bed OR one per 400 square feet of gross floor area 2 per bed OR one per 400 square feet of gross floor area
Senior housing 0.6 parking spaces per dwelling unit 0.3 spaces per dwelling unit
Assisted living facility 0.4 parking spaces per maximum number of residents 0.4 parking spaces per maximum number of residents
Sobering center 1 parking space per 12 beds 2 parking spaces
Theater 1 for each four seats 1 for each 10 seats
Church, auditorium, and similar enclosed places of assembly 1 for each four seats in the auditorium 1 for each 10 seats in the auditorium
Bowling alley 3 per alley 1.2 per alley
Bank, office, retail commercial, salon and spa 1 per 300 square feet of gross floor area 1 per 750 square feet of gross floor area
Medical or dental clinic 1 per 200 square feet of gross floor area 1 per 400 square feet of gross floor area
Funeral Home 1 per six seats based on maximum seating capacity in main auditorium 1 per 15 seats based on maximum seating capacity in main auditorium
Warehouse, storage, and wholesale businesses 1 per 1,000 square feet of gross floor area 1 per 2,500 square feet of gross floor area
Restaurant and alcoholic beverage dispensary 1 per 200 square feet of gross floor area 1 per 750 square feet of gross floor area
Swimming pool serving general public 1 per four persons based on pool capacity 1 per 10 persons based on pool capacity
Shopping center and mall 1 per 300 square feet of gross leasable floor area 1 per 750 square feet of gross floor area
Convenience store 49.65 Article V 1 per 750 square feet of gross floor area
Watercraft moorage 1 per three moorage stalls 2 per 15 moorage stalls
Manufacturing uses; research, testing and processing, assembling, industry 1 per 1,000 square feet gross floor area except that office space must provide parking as required for offices 1 per 2,500 square feet gross floor area except that office space must provide parking as provided for offices
Library and museum 1 per 600 square feet gross floor area 1 per 1,500 square feet of gross floor area
School, elementary 2 per classroom 2 per classroom
Middle school or junior high 1.5 per classroom 1.5 per classroom
High school A minimum of 15 spaces per school; where auditorium or general assembly area is available, one per four seats; one additional space per classroom A minimum of 15 spaces per school; where auditorium or general assembly area is available, one per four seats; one additional space per classroom
College, main campus 1 per 500 square feet of gross floor area of an enclosed area, or, where auditorium or general assembly area is available, one per four seats, whichever is greater 1 per 500 square feet of gross floor area of an enclosed area, or, where auditorium or general assembly area is available, one per four seats, whichever is greater
College, satellite facilities 1 per 300 square feet of gross floor area of an enclosed area, or, where auditorium or general assembly area is available, one per four seats, whichever is greater 1 per 300 square feet of gross floor area of an enclosed area, or, where auditorium or general assembly area is available, one per four seats, whichever is greater
Repair/service station 5 spaces per bay. For facilities with two or more bays, up to 60 percent of the required non-accessible parking spaces may be in a stacked parking configuration. 3 spaces per bay. All but two of the required non-accessible parking spaces may be in a stacked configuration
Post office 1 per 200 square feet gross floor area 1 per 500 square feet of floor area
Childcare Home 49.65 Article X, cannot be varied or FIL 49.65 Article X, cannot be varied or FIL
Childcare Center 49.65 Article X, cannot be varied or FIL 49.65 Article X, cannot be varied or FIL
Indoor sports facilities, gyms 1 per 300 square feet gross floor area 1 per 750 square feet gross floor area
Mobile Food Vendors No parking requirement No parking requirement
Open air food service (TPU 8.3) 1 per 400 square feet of gross floor area. Zero

 

(b)

Accessible parking spaces. Accessible parking spaces must be provided as part of the required off-street parking spaces, according to the following table (Table 49.40.210(b)). Except, Accessible parking spaces are not required for residential uses that require fewer than ten parking spaces and there are no visitor parking spaces.

Table 49.40.210(b)
Total Parking Spaces in LotRequired Minimum Number of Accessible Parking Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2 percent of total spaces
1,001 and over 20 plus 1 space for each 100 spaces over 1,100 total spaces in lot

 

(c)

Facility loading spaces. In addition to the required off-street parking requirements, a development must provide loading spaces as set forth in the following table:

Gross Floor Area in Square Feet
UseAll other areasTown Center Parking DistrictLoading Space Required
Motels and hotels 5,000—29,999 6,000—60,000 1
30,000—60,000 2
Each additional 30,000 Each additional 30,000 1
Commercial 5,000—24,999 6,000—50,000 1
25,000—50,000 2
Each additional 30,000 Each additional 30,000 1
Industrial, manufacturing, warehousing, storage, and processing 5,000—24,999 6,000—50,000 1
25,000—50,000 2
Each additional 30,000 Each additional 30,000 1
Hospital 5,000—40,000 6,000—40,000 1
Each additional 40,000 Each additional 40,000 1
School For every two school buses 1
Home for the aged, convalescent home, correctional institution More than 25 beds 1

 

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022; Serial No. 2025-15am, § 2, 4-7-2025, eff. 5-6-2025)

_____

49.40.215 - Parking alternatives.

Parking alternatives are methods of accommodating required parking without building parking on site. A developer may apply for one or more parking alternatives. Parking alternatives may be combined with approved reductions.

(a)

Joint use. Joint use occurs when the same off-street parking space is used to meet the parking requirement of different uses at different times. Joint use of off-street parking spaces may be authorized when the developer demonstrates there is no substantial conflict in the principal operating hours of the structures and uses involved and subject to the following requirements:

(1)

Any structure or use sharing the off-street parking facilities of another structure or use must be located within 500 feet of such parking facilities, unless a lesser radius is identified in this chapter. A developer may apply to provide off-street parking in an area greater than 500 feet distant, if approved by the commission.

(2)

The developer demonstrates with appropriate analysis or data that there is no substantial conflict in the principal operating hours of the structures or users for which joint use of off-street parking facilities is proposed.

The developer must present to the director a written instrument, proposed by the parties concerned, providing for joint use of off-street parking facilities. Upon approval by the director, such instrument must be recorded by the developer and documentation of recording provided to the director.

(b)

Loading spaces off-site. The required loading space(s) may be met by an alternative private off-site loading parking space, if the alternate space is determined by the director of adequate capacity and proximity. In no case will the distance exceed standards established in subsection 49.40.200(k).

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022)

49.40.220 - Parking reductions.

A parking reduction reduces the required off-street parking spaces for a development. A developer may apply for one or more parking reductions. Accessible parking spaces must not be reduced and must be provided in accordance with subsection 49.40.210(b). Loading spaces must not be reduced and must be provided in accordance with subsection 49.40.210(c).

(a)

Parking waivers. The required number of parking spaces required by this chapter may be reduced if the requirements of this section are met.

(1)

Standards. Any waiver granted under this section must be in writing and must include the following required findings and any conditions, such as public amenities, imposed by the director or commission that are consistent with the purpose of this title:

(A)

The effect of granting a waiver would result in more benefits than detriments to the neighboring area and community as a whole as identified by the comprehensive plan; and

(B)

The effect of granting a waiver will not materially endanger public health, safety, or welfare.

(2)

Relevant information. The following information may be relevant for the director or commission's review:

(A)

Analysis or data relevant to the intended use and related parking demands.

(B)

Provision for alternative transportation.

(C)

Traffic mitigation measures supported by industry standards.

(D)

Bicycle and pedestrian amenities.

(3)

Applications. Applications for parking waivers must be on a form specified by the director and must be accompanied by a one-time fee as provided in chapter 49.85.

(4)

Public notice. The director must mail notice of any complete parking waiver application to the owners of record of property located within a 250-foot radius of the site seeking the waiver. If the parking waiver application is filed in conjunction with a major development permit, notice of both applications should be made concurrently in accordance with CBJ 49.15.230.

(5)

Expiration. An approved parking waiver expires upon a change in use.

(b)

Town center parking area, fee-in-lieu of off-street parking spaces. In the town center parking area, a developer may pay a one-time fee in lieu of providing off-street parking spaces to satisfy the minimum parking requirements of this chapter. Fee in lieu can be used in any combination with other parking provisions of this chapter. Any fee in lieu due must be paid in full prior to the issuance of a temporary certificate of occupancy.

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022)

49.40.225 - Dimensions and signage for required off-street parking spaces.

(a)

Standard spaces.

(1)

Except as provided in this section, each standard parking space must consist of a generally rectangular area at least eight and one-half feet by 17 feet. Lines demarcating parking spaces may be drawn at any angle to curbs or aisles so long as the parking spaces so created contain within them the rectangular area required by this section.

(2)

Spaces parallel to the curb must be no less than 22 feet by six and one-half feet.

(b)

Accessible spaces.

(1)

Each accessible parking space must consist of a generally rectangular area at least 13 feet by 17 feet, including an access aisle of at least five feet by 17 feet. Two accessible parking spaces may share a common access aisle.

(2)

One in every eight accessible parking spaces, but not less than one, must be served by an access aisle with a width of at least eight feet and must be designated "van-accessible."

(3)

Accessible parking spaces must be designated as reserved by a sign showing the symbol of accessibility. "Van-accessible" parking spaces must have an additional sign designating the parking space as "van-accessible" mounted below the symbol of accessibility. A sign must be located so it cannot be obscured by a vehicle parked in the space.

(4)

Access aisles for accessible parking spaces must be located on the shortest accessible route of travel from parking area to an accessible entrance.

(c)

Facility loading spaces.

(1)

Each off-street loading space must be not less than 30 feet by 12 feet, must have an unobstructed height of 14 feet six inches, and must be permanently available for loading.

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022)

49.40.230 - Parking area and site circulation review procedures.

(a)

Purpose. The purpose of these review procedures is to ensure that proposed parking and related site access areas provide for adequate vehicular and pedestrian access and circulation; that parking spaces are usable, safe, and conveniently arranged; that sufficient consideration has been given to off-street loading and unloading; and that the parking area will be properly drained, lighted, and landscaped.

(b)

Plan submittal. Development applications must include plans for parking and loading spaces. Major development applications must include plans prepared by a professional engineer or architect. These plans may be part of a plan submission prepared in conjunction with the required review of another aspect of the proposed development.

(1)

Contents. The plans must contain the following information:

(A)

Parking and loading space plans drawn to scale and adequate to show clearly the circulation pattern and parking area function;

(B)

Existing and proposed parking and loading spaces with dimensions, traffic patterns, access aisles, and curb radii;

(C)

Improvements including roads, curbs, bumpers and sidewalks indicated with cross sections, designs, details, and dimensions;

(D)

A parking schedule indicating the number of parking spaces required, the number provided, and how such calculations were determined;

(E)

Topography showing existing and proposed contour intervals; and

(F)

Landscaping, lighting and sign details, if not provided in conjunction with the required review of another aspect of the proposed development.

(2)

Waiver of information. The director may waive submission of any required exhibits.

(c)

Review procedure. Plans must be reviewed and approved according to the procedures of this chapter and chapter 49.15.

(d)

Public improvements required. As a condition of plan approval, the department may require a bond approved as to form by the municipal attorney for the purpose of ensuring the installation of off-site public improvements. As a condition of plan approval, the applicant is required to pay the cost of providing reasonable and necessary public improvements located outside the property limits of the development but necessitated by construction or improvements within such development.

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022)

49.40.235 - Parking and circulation standards.

(a)

Purpose. Provisions for pedestrian and vehicular traffic movement within and adjacent to the site must address layout of parking areas, off-street loading and unloading needs, and the movement of people, goods, and vehicles from access roads, within the site, and between buildings and vehicles. Parking areas must be landscaped and must feature safely arranged parking spaces.

(b)

Off-street parking and loading spaces; design standards.

(1)

Access. There must be adequate ingress and egress from parking spaces. The required width of access drives for driveways must be determined as part of plan review depending on use, topography and similar considerations.

(2)

Size of aisles. The width of aisles providing direct access to individual parking stalls must be in accordance with the following table. Other angles may be approved by the director that satisfy the needs of this chapter.

Parking Angle 30° 45° 60° 90°
One-way traffic
aisle width
13' 11' 13' 18' 24'
Two-way traffic
aisle width
19' 20' 21' 23' 24'

 

(3)

Location in different zones. No access drive, driveway or other means of ingress or egress may be located in any residential zone if it provides access to uses other than those permitted in such residential zone.

(4)

Sidewalks and curbing. Sidewalks must be provided with a minimum width of four feet of passable area and must be raised six inches or more above the parking area except when crossing streets or driveways. Guardrails and wheel stops permanently anchored to the ground must be provided in appropriate locations. Parked vehicles must not overhang or extend over sidewalk areas, unless an additional sidewalk width of two feet is provided to accommodate such overhang.

(5)

Stacked parking. Stacked parking spaces may only be counted as required parking spaces for single-family residences, duplexes, and as otherwise specified for specific uses. In the case of single-family residences and duplexes with or without accessory uses and child care homes in a residential district, only a single parking space per dwelling unit may be a stacked parking space.

(6)

Back-out parking. Parking space aisles must provide adequate space for turning and maneuvering on-site to prevent back-out parking onto a right-of-way. If the director or the commission, when the commission has authority, determines back-out parking would not unreasonably interfere with the public health and safety of the parking space aisles and adjacent right-of-way traffic, back-out parking is allowed in the following circumstance:

(A)

In the case of single-family dwellings and duplexes with or without accessory uses located in residential and rural reserve zoning districts;

(B)

Where the right-of-way is an alley; or

(C)

In the case of a child care home in a residential district.

(c)

Drainage.

(1)

Parking areas must be suitably drained.

(2)

Off-site drainage facilities and structures requiring expansion, modification, or reconstruction in part or in whole as the result of the proposed development must be subject to off-site improvement requirements and standards as established by the city.

(d)

Lighting. Parking areas must be suitably lighted. Lighting fixtures must be "full cutoff" styles that direct light only onto the subject parcel.

(e)

Markings and access. Parking stalls, driveways, aisles and emergency access areas and routes must be clearly marked.

(f)

General circulation and parking design.

(1)

Parking space allocations must be oriented to specific buildings. Parking areas must be linked by walkways to the buildings they serve.

(2)

Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks must be clearly designated by pavement markings or signs. Crosswalk surfaces must be raised slightly to designate them to drivers, unless drainage problems would result.

(Serial No. 2022-04(b), § 2, 4-25-2022, eff. 5-26-2022)

49.40.300 - Applicability.

(a)

A traffic impact analysis (TIA) shall be required as follows:

(1)

A development projected to generate 500 or more average daily trips (ADT) shall be required to have a traffic impact analysis.

(2)

A development projected to generate fewer than 250 ADT shall not be required to have a traffic impact analysis.

(3)

A development projected to generate more than 250 ADT but fewer than 500 ADT shall be required to have a traffic impact analysis if the Community Development Department Director determines that an analysis is necessary based on the type of development, its location, the likelihood of future expansion, and other factors found relevant by the director.

(4)

The applicant shall provide the traffic projections for the project, and the department will review and approve the final figures.

(5)

A TIA must be prepared by a licensed engineer, or a transportation planner, with traffic analysis experience, approved by the director.

(b)

The department shall require the applicant to contact the Alaska Department of Transportation and Public Facilities to determine whether a state permit or TIA will be required.

(Serial No. 2008-01, § 2, 1-28-08)

49.40.305 - Traffic impact analysis (TIA) requirements.

(a)

A TIA prepared under this section must identify and assess the impacts of the proposed development on all affected transportation systems. The TIA shall identify any effective development design or operational measures that would mitigate impacts of a development on transportation systems. The study area for the TIA shall be that area in which it is anticipated that the proposed development will increase ADT by five percent or more.

(b)

A TIA must forecast traffic generated by a development in accordance with the most recent edition of Institute of Traffic Transportation Engineers' Trip Generation Handbook.

(c)

A TIA must address the following items:

(1)

Intersections and segments of roadways where the ADT on any approach to an intersection is anticipated to increase by five percent or more due to the proposed development;

(2)

Each driveway or approach road that will allow egress from or ingress to the proposed development;

(3)

Existing and proposed pedestrian and bicycle facilities, if any, within the proposed development, and existing and proposed pedestrian and bicycle facilities to be used for access to the proposed development;

(4)

Projected traffic at the development's anticipated opening date, and at full build out, both with and without the traffic generated by the development;

(5)

Locations where road improvements are necessary to mitigate traffic impacts due to the development at the opening date, or where improvements are necessary to prevent the level of service (LOS) from deteriorating further at the opening date without the development;

(6)

Road improvement alternatives or other measures that will achieve an acceptable LOS or minimize degradation of service below an already unacceptable LOS according to section 49.40.310 Traffic; minimum standards;

(7)

Internal circulation and parking plans; and

(8)

An accident analysis that contains the following elements:

(A)

An accident diagram showing accidents over the most recent three years of accident data, at all intersections or roadway segments identified as being impacted by the development, using the State of Alaska Department of Transportation's accident database, if available.

(B)

An analysis of the type of accidents.

(C)

An analysis of the accidents to determine if any pattern exists, and whether the accident pattern will be impacted by the development.

(D)

If an accident pattern exists that will be exacerbated by the development, a determination whether there is a cost-effective solution which would mitigate the problem and how it can be implemented.

(d)

Level of service (LOS) and operational analysis for a traffic impact analysis prepared under this section must be performed in accordance with the most recent edition of the Transportation Research Board's publication Special Report 209, Highway Capacity Manual.

(Serial No. 2008-01, § 2, 1-28-08)

49.40.310 - Traffic; minimum standards.

(a)

The minimum acceptable LOS for a roadway segment or intersection within the area affected by the development, on the projected opening date of the development, or full build out of the development, is LOS D.

(b)

If an intersection or roadway segment affected by the development has a pattern of accidents resulting in personal injuries, and the development will aggravate this accident pattern, then mitigation shall be required, regardless of the projected LOS.

(Serial No. 2008-01, § 2, 1-28-08)

49.40.320 - Traffic impact analysis review.

(a)

The department will review the traffic impact analysis prepared under this section.

(b)

Mitigation measures may be subject to financial guarantee pursuant to Chapter 49.55, if appropriate considering safety and scheduling.

(Serial No. 2008-01, § 2, 1-28-08)

49.40.330 - Traffic impact mitigation.

(a)

Except as provided in 49.40.340, an applicant shall make improvements to a roadway or intersection to achieve or maintain an acceptable LOS if a roadway or intersection has an:

(1)

LOS D without traffic generated by the development; and would drop below LOS D with traffic generated by the development at the opening date of the development or full build out;

(2)

If a roadway has an LOS below D without traffic generated by the development at the opening date of the development; or

(3)

If the intersection or roadway segment has a pattern of accidents resulting in personal injuries, and the development would aggravate this accident pattern, then mitigation shall be required regardless of the LOS.

(b)

An applicant for a project for which a traffic impact analysis report has been prepared and mitigation required, shall install signs and markings on approaches to roadways within the development that conform to the Manual on Uniform Traffic Control Devices and the Alaska Traffic Manual, 2003, described in 17 AAC 20.950(1), as it may be amended from time to time.

(c)

Internal circulation and parking layout must provide sufficient queuing distance within the development between the roadway and internal restrictions to ensure that no traffic backs up onto a roadway, including bicycle or pedestrian facilities (See Section 49.40.230 Parking and circulation standards).

(d)

If a traffic impact analysis discloses impacts to pedestrian or bicycle traffic, an applicant shall make the necessary improvements to mitigate the impact.

(Serial No. 2008-01, § 2, 1-28-08)

49.40.340 - Mitigation waiver.

(a)

The planning commission or community development department director may, in their discretion, waive or partially waive the requirements for mitigation under this section if the planning commission finds at a public hearing, or the director finds in writing after reviewing a permit which does not require planning commission approval, that either of the following circumstances is true:

(1)

(A)

Existing roadway facilities are only marginally achieving an LOS D without the traffic generated by the development, and would likely fall below LOS D within five years;

(B)

Traffic generated by the development would result in an LOS below D without mitigation; and

(C)

The costs of mitigating the impacts outweighs the benefits; or

(2)

(A)

If the LOS is below D. before the development's opening date;

(B)

If the operation of the roadway or intersection, within the affected area, would not deteriorate more than five percent in terms of delay time, a minimum LOS, LOS E may be acceptable;

(C)

Does not result in an LOS below E; and

(D)

The costs of mitigating the impacts outweighs the benefits.

(Serial No. 2008-01, § 2, 1-28-08)