5.14 and Section 8106-8.2.

(4)

The reserved parking spaces must be maintained in a manner that leaves them available for conversion to required parking spaces. No above-ground improvements shall be placed or constructed upon the reserve parking area.

(5)

The permit shall be conditioned to require the conversion of the reserved spaces into usable parking spaces at any time that the Director determines necessary.

(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)

8108-4.8.2 - Parking space reduction documentation.

The applicant shall provide documentation that describes the proposed parking reduction and identifies the parties responsible for implementing any parking measures associated with the proposed reduction. The documentation shall discuss the estimated parking demand for the land use, describe how parking demand will be met with the requested reduction, explain how the proposed measures will effectively decrease parking demand at the site, and include proposed performance targets for parking. Documentation shall demonstrate how adjusting the amount of parking provided will not impact neighboring or nearby land uses. Required documentation shall include information regarding specific parking reduction measures as described in Section 8108-4.8.1. Required documentation may also include existing parking counts, parking counts at similar land uses, and calculation of future parking demand based on industry standards.

a.

Monitoring Reports. Monitoring reports shall be submitted to the Director three (3) years after building occupancy and again six (6) years after building occupancy. Monitoring reports shall note the effectiveness of the proposed measures as compared to the initial performance targets, and provide suggestions for modifications if necessary to enhance parking and/or trip reductions. Where the monitoring reports indicate that performance measures are not met, the Director may require further program modifications or the provision of additional parking.

b.

Recordation. As a condition of approval of the parking reduction, the property owner, if different than the applicant, may be required to record agreements or restrictive covenants on the subject property prior to issuance of a land use permit to ensure that appropriate measures are implemented to justify the parking reduction.

(Ord. No. 4407, § 1, 10-20-2009)

8108-4.8.3 - Increases to the number of motor vehicle parking spaces required.

In order for the Director to approve an increase to the number of parking spaces provided for a land use over the number of motor vehicle parking spaces required by Section 8108-4.7, both of the following provisions must be met:

a.

Parking Study. Applicant funds and provides a parking study demonstrating that the number of motor vehicle parking spaces required by Section 8108-4.7 is inadequate for the land use. Parking studies shall be prepared by a person/firm qualified to prepare such studies as determined by the Director.

b.

Other Options Explored. The project applicant provides documentation to the Director demonstrating that the applicant has fully explored all other options for meeting parking demand without increasing the number of parking spaces, including utilizing shared parking, remote parking, and demand reduction measures.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5 - Motor vehicle parking design standards.

The following standards shall apply to all proposed off-street motor vehicle parking areas/spaces, except for temporary parking areas.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.1 - Parking plans.

Applications for land use developments that include parking areas shall include a detailed parking plan(s) with a corresponding preliminary grading and drainage plan. These plans shall be prepared by a California-licensed civil engineer, and shall clearly illustrate compliance with all applicable requirements of this Article. The applicant shall submit these plans to the Public Works Agency Director and the Building and Safety Division Director for their approval prior to issuance of any land use entitlement.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.2 - Stormwater management.

Parking area design shall be in compliance with the Division 7 of the California Water Code, and in accordance with conditions and requirements established by Ventura County's National Pollutant Discharge Elimination System (NPDES) Permit and Ventura County Stormwater Quality Management Ordinance No. 4142. Larger parking areas may be required to submit a hydrology and hydraulics report to the Public Works Agency to demonstrate compliance with stormwater management requirements. Parking area design should incorporate methods of accommodating infiltration or filtration of stormwater onsite through use of pervious pavements, vegetated drainage swales, bioretention areas, tree box filters, dry swales, or other means.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3 - Location.

Off-street parking areas and spaces shall be located in the following manner:

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.1 - Behind or beside buildings.

To promote attractive urban form and facilitate pedestrian circulation, the preferred location of required parking areas (when provided above ground) relative to the street is as follows:

· First priority: To the rear of buildings or land uses.

· Second priority: To the side of buildings or land uses.

· Last priority: In front of buildings or land uses.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.2 - Parking in setbacks.

Parking in setbacks is limited by Sections 8106-5.3, 8107-1.7(f), and 8108-1.2.2(b) of this Chapter. Except as provided for in these sections, required uncovered single or two-family residential parking spaces shall not be located within the front set back.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.3 - Motorcycle parking.

Motorcycle parking spaces shall be located as close as practical to the building entrance, but not closer than the spaces for disabled persons.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.4 - Carpool parking.

Carpool parking spaces shall be located as close as practical to the building entrance, but not closer than the spaces for disabled persons.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.5 - Bicycle parking.

See Section 8108-6.3.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.3.6 - Floodways and floodplains.

a.

Parking areas are prohibited in Federal Emergency Management Agency (FEMA) designated regulatory floodways.

b.

Parking areas located in a FEMA designated one (1) percent annual chance floodplain (100-year floodplain) are subject to special design requirements pursuant to the Ventura County Floodplain Management Ordinance as administered by the Public Works Agency and Watershed Protection District. These requirements may include, but are not limited to, flood warning signage, design measures to contain motor vehicles in the parking area in the event of a flood, special lighting, mechanical and electrical system design requirements, and fencing restrictions.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4 - Circulation. 8108-5.4.1 - Cross access.

Cross access is encouraged between adjacent sites in commercial, industrial, and multi-family housing developments. A joint cross access agreement between two (2) or more participating adjacent property owners must be executed where cross access is provided so that cross access between the properties is legally established, enforceable and maintained. This joint cross access agreement must be approved by the Director, recorded by the parties to the agreement and run with the respective properties.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.2 - Pedestrian safe access.

a.

Parking areas serving commercial, institutional, and multifamily dwelling land uses shall not impede safe and direct pedestrian access from the street or sidewalk to building entrances.

b.

At least one (1) pedestrian pathway shall be provided from the street or sidewalk to the primary building entrance. If not completely separated from vehicular traffic, pedestrian pathways shall be clearly designated using a raised surface, distinctive paving, bollards, special railing, or similar treatment. Such pathways shall be in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act. Pathways shall be designed to have minimal direct contact with traffic and prevent parked vehicles from overhanging the pathways. The use of pervious surface materials for pedestrian pathways is encouraged.

c.

Where feasible, parking rows shall be perpendicular to the main building entrance(s) or main pedestrian pathway(s) to assist safe pedestrian movement toward the building.

d.

Where cross access is provided, it shall be designed, established, and maintained so that internal drive aisles, parking spaces, and pedestrian paths assure safe pedestrian access to adjacent land uses, and adjacent parking areas.

e.

Where pedestrian routes cross driveways such crossings shall be clearly marked.

f.

If parking is designed to allow vehicle overhang into a pedestrian pathway, the pathway width shall be increased by at least two (2) feet. Pedestrian pathways adjacent to a building shall be in compliance with the California Building Standards Code (California Code

of Regulations, Title 24) and the Americans with Disabilities Act.

(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4639, § 7, 12-17-2024)

8108-5.4.3 - Fire apparatus access.

Approved fire apparatus access roads shall be provided when required by the Ventura County Fire Protection District. Generally this requirement is triggered when any facility or portion of the exterior walls of the first story of a building is located more than one hundred fifty (150) feet from an existing public street or approved fire apparatus access driveway. For the purposes of this requirement, the term facility includes recreational vehicles, mobilehome and manufactured housing parks, and sales and storage lots.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.4 - Adequate turning radii.

All internal circulation and queuing areas shall be designed to accommodate the turning radii of the vehicles that will be using the site, pursuant to the design criteria of the American Association for State Highway and Transportation Officials (AASHTO) and/or Institute of Transportation Engineers (ITE).

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.5 - Contained maneuvering.

Parking areas shall be designed so that motor vehicles will exit onto a public street in a forward direction, unless approved otherwise by the Public Works Agency Transportation Director. Circulation of vehicles among parking spaces shall be accomplished entirely within the parking area. The Director may waive or modify this requirement in consultation with the Public Works Agency Transportation Director when the applicant can demonstrate that it is not appropriate to the land use or location.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.6 - Short parking rows.

Parking areas should be divided both visually and functionally into smaller parking courts. Interior rows of parking spaces shall be no more than two hundred seventy (270) feet in length, inclusive of landscape planters but not including cross aisles or turnarounds. The Director may waive or modify this requirement when the applicant can demonstrate that it is not appropriate to the land use or location.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.7 - Dead ends minimized.

Dead-end drive aisles shall be avoided or otherwise minimized.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.4.8 - Directional signs.

Maneuvering areas within parking areas shall be clearly marked with directional signs or painted arrows to ensure the safe and efficient flow of vehicles, bicycles, and pedestrians.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.5 - Driveways. 8108-5.5.1 - Driveway width.

a.

Portion Within Right-of-Way: Driveway width shall be the minimum necessary to provide access to the land use consistent with the Ventura County Road Standards, Ventura County Fire Protection District requirements, or the latest edition of Caltrans' Standard Plans, as appropriate.

b.

Portion Outside Right-of-Way: Driveway widths shall be minimized where possible.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.5.2 - Number of driveways.

Each site is limited to one (1) driveway unless the Public Works Agency Transportation Director determines that more than one (1) driveway is required to handle traffic volumes or specific designs, such as residential circular driveways. Additional driveways shall not be allowed if they are determined to be detrimental to traffic flow and the safety of adjacent public streets. Whenever a property has access to more than one (1) road, access shall be limited to the lowest traffic-volume road whenever possible.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.5.3 - Shared driveways.

The number of driveways should be minimized where feasible by the use of shared driveways between adjacent properties. A joint access agreement between two (2) or more participating adjacent property owners must be executed where driveways are shared, so that shared driveway access by the properties is legally established, enforceable and maintained. This joint access agreement must be approved by the Director, recorded by the parties to the agreement properties and run with the respective properties.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.5.4 - Driveways clearly designated.

Parking areas shall be designed to prevent entrance or exit at any point other than driveways. Appropriate barriers and entrance and exit signs shall be provided within parking areas. Stop signs that comply with Manual on Uniform Traffic Control Devices (MUCTD) standards and shall be installed at all exits from parking areas.

8108-5.6 - Parking area and space dimensions. 8108-5.6.1 - Planning director waivers/modifications.

The Director may waive or modify motor vehicle parking design standards when the applicant can demonstrate that the required motor vehicle parking design standard is not appropriate to the land use or location.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.2 - Space angle.

Ninety-degree parking, which uses the least amount of pavement per parking space, is preferred wherever possible.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.3 - Standard spaces.

Each standard parking space shall be nine (9) feet wide by eighteen (18) feet long, with the following exceptions:

a.

The length of the parking space to be decreased by two (2) feet where parking spaces face into landscape planters so that the concrete curb around the planter functions as the wheel stop, allowing motor vehicles to overhang the landscape planter. Use of such a bumper overhang reduces impervious surfaces and is encouraged. Plant material and irrigation equipment in the outside two (2) feet of these landscape planters shall conform to the requirements of Section 8108-5.14. Utilization of a bumper overhang shall not allow a vehicle to extend into or over a pedestrian pathway or drive aisle.

b.

Required parking space dimensions do not apply if mechanical parking lifts are used to stack cars.

c.

The width of parking spaces may be reduced to eight (8) feet on legal lots that are less than twenty-six (26) feet wide and where two (2) or more parking spaces are required.

d.

The Director may approve an increase to the width or length of parking spaces for land uses that cater to larger vehicles such as trucks, shuttles, or vans.

e.

Parking space width shall be increased by six (6) inches to nine (9) feet six (6) inches (one hundred fourteen (114) inches) if adjacent on one (1) side to a wall, fence, hedge, or structure; and by one (1) foot six (6) inches to ten (10) feet six (6) inches (one hundred twenty-six (126) inches) if adjacent on both sides to a wall, fence, hedge, or structure.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.4 - Motorcycle spaces.

Each motorcycle parking space shall be a minimum of four (4) feet wide by eight (8) feet long.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.5 - Compact spaces.

Up to thirty (30) percent of the total parking spaces required for low-turnover, nonretail parking areas serving primarily employees, residents, or students may be provided as compact spaces. Each compact space shall be a minimum of eight (8) feet six (6) inches wide by sixteen (16) feet long and be clearly designated for compact vehicles.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.6 - Parallel spaces.

The minimum size of a parallel parking space shall be eight (8) feet six (6) inches wide by twenty-two (22) feet long.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.7 - Bicycle spaces.

See Section 8108-6—Bicycle parking design standards.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.8 - Clear height in parking structures.

At least one (1) floor in parking structures shall be designed with a minimum height of eight (8) feet three (3) inches to allow for vanpool vehicles and accessible parking for disabled persons.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.9 - Dead end turnout.

Where drive aisles terminate at a dead-end, adequate provision shall be made for vehicles to turn around. Depending on the situation, this may be satisfied by provision of at least six (6) feet between the end of parking rows and the end of the drive aisle.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.10 - Drive aisles and modules.

Parking area drive aisles and modules shall be designed following the standard dimensions included in the table in Section 8108- 5.6.11 and the figure in Section 8108-5.6.12 and as required to meet Section 8108-5.4. The Director may approve wider aisles when appropriate for truck maneuvering. Two-way aisles are permitted in conjunction with 90-degree and parallel spaces only.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.11 - Table of parking area layout dimensions.

 Angle         Stall Width (A)      Stall Width,                 Stall Length,                         Module Width                                  Aisle Width
                                      parallel to aisle        perpendicular to aisle

(B) Wall to Aisle Interlock to Wall to Wall (E) Wall to Interlock to One-way (H) Two-way (I) (C) Aisle (D) Interlock (F) Interlock (G)

Standard Space (9 × 18) 1

  90               9.0              9.0             18.0            18.0            60.0            60.0            60.0            24            24

  75               9.0              9.3             19.7            18.5            60.0            58.9            57.7            21.6         NA

  60               9.0             10.4            20.1            17.8            55.5            53.3            51.0            15.3         NA

  45               9.0             12.7            19.1            15.9            48.5            45.3            42.1            10.3         NA

1 Parking area design for full rows of compact spaces shall be reviewed on a case-by-case basis.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.6.12 - Figure 1: Parking area layout dimensions.

(Ord. No. 4407, § 1, 10-20-2009)

---

8108-5.7 - Tandem parking.

Required parking may be provided in tandem for residential land uses with the following restrictions:

a.

Tandem parking shall not be more than two (2) cars in depth.

b.

Both tandem spaces shall serve the same dwelling unit.

c.

For multi-family residential dwellings, tandem parking may be provided to meet up to fifty (50) percent of the required parking spaces.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.8 - Slope.

Accessible parking spaces for disabled persons shall be in compliance with the California Building Standards Code (California Code of Regulations, Title 24) and the Americans with Disabilities Act requirements for slope. All other parking spaces shall slope no more

than five (5) percent in any direction and no less than 0.5 percent in the direction of drainage. The slope in drive aisle and turnaround areas shall be no more than ten (10) percent.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.8.1 - Planning Director waivers/modifications.

The Director, in consultation with the Public Works Agency Transportation Director, may modify slope requirements, but not for disabled person accessible parking spaces, when appropriate given site constraints.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.9 - Surfaces.

a.

The surface of all required uncovered off-street motor vehicle parking spaces, aisles, driveways and loading areas shall be constructed and maintained with permanent all-weather, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. To reduce heat generation from parking area surfaces, the use of light-colored/high-albedo surfaces is encouraged.

b.

The surface of fire apparatus access driveways shall meet the requirements of the Ventura County Fire Protection District.

c.

The surface of the portion of driveways in the right-of-way shall meet the requirements of the Ventura County Road Standards or the latest edition of Caltrans' Standard Plans, as appropriate.

d.

Ribbon driveways outside of the right-of-way may be installed as an alternative to fully paved driveways, subject to the approval by the Ventura County Fire Protection District.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.9.1 - Surfacing plans.

When pervious surfaces are used, the parking area plans shall document that:

a.

The pervious materials have been designed to support anticipated vehicle weights and traffic volumes.

b.

The pervious materials have been designed to minimize surface cracking, crumbling, eroding, and other maintenance problems for the pervious surface as well as any adjacent surfaces or structures.

c.

Pervious surfaces used for parking spaces in single- and two-family dwellings or other parking lots with less than five (5) spaces are not subject to the above documentation requirements.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.10 - Parking space marking.

Parking spaces within parking areas shall be clearly marked with paint striping or another durable, easily distinguishable marking material. Space marking shall be maintained in good condition.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.10.1 - Exception.

Parking areas surfaced with gravel or other aggregate materials are exempt from space marking requirements.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.11 - Clear visibility and safety.

Clear visibility of and between pedestrians, bicyclists, and motorists shall be assured when entering individual parking spaces, when circulating within a parking area, and when entering and exiting a parking area.

a.

Each driveway shall be constructed and maintained pursuant to the sight distance requirements of the Ventura County Road Standards or Caltrans, as appropriate.

b.

Landscaping at any interior parking area intersection shall not obstruct a driver's vision of vehicle and pedestrian cross traffic.

c.

With the exception of trees, landscaping adjacent to pedestrian pathways shall be no more than three (3) feet in height.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.12 - Lighting.

Lighting shall be provided for all parking areas in compliance with Section 8106-8.6 and the following:

a.

Parking areas that serve night-time users shall be lighted with a minimum one (1) foot-candle of light at ground level for security.

b.

All lights in parking areas that serve non-residential land uses, except those required for security per subsection (a) above, shall be extinguished at the end of the working day. Lights may be turned on no sooner than one (1) hour before the commencement of working hours.

c.

Light poles shall be located so as not to interfere with motor vehicle door opening, vehicular movement or accessible paths of travel. To the extent possible light poles shall be located away from existing and planned trees to reduce obstruction of light by tree canopies. Light poles shall be located outside of landscape finger planters, end row planters, and tree wells. Light poles may be located in perimeter planters and continuous planter strips between parking rows.

d.

Any light fixtures adjacent to a residential land use or residentially zoned lot shall be arranged and shielded so that the light will not directly illuminate the lot or land use. This requirement for shielding applies to all light fixtures, including security lighting.

e.

In order to direct light downward and minimize the amount of light spilled into the dark night sky, any new lighting fixtures installed to serve above-ground, uncovered parking areas shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America (IESNA). New lighting fixtures installed for parking area canopies or similar structures shall be recessed or flush-mounted and equipped with flat lenses.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.13 - Trash and recyclables receptacles.

At least one (1) trash and one (1) recyclables receptacle shall be provided for parking area users for the first twenty (20) motor vehicle parking spaces, and one (1) trash and one (1) recyclables receptacle for every eighty (80) spaces thereafter. Receptacles shall be enclosed to prevent access by animals and wind, placed in convenient, high-visibility locations, and serviced and maintained appropriately.

(Ord. No. 4407, § 1, 10-20-2009)

8108-5.14 - Landscaping and screening.[7] Footnotes: --- (7) ---

Editor's note— Ord. No. 4577 § 4, adopted March 9, 2021, amended Section 8108-5.14 in its entirety, repealing § 8108-5.14.3 pertaining to landscape plans and renumbering 8108-5.14.4—8108-5.14.9 as 8108-5.14.3—8108-5.14.8, as herein set out. Historical notation has been retained for reference purposes.

8108-5.14.1 - Purpose.

These landscaping and screening requirements are intended to:

• Reduce potential negative effects of parking areas on adjacent land uses.

• Provide visual relief from pavement and motor vehicles.

• Soften and screen parking area edges.

• Provide a visual barrier between vehicle headlights and street traffic.

• Mitigate atmospheric heating from pavement through shading.

• Create pleasant pedestrian conditions.

• Provide retention, filtration and/or infiltration of stormwater.

• Channel and define logical areas for pedestrian and vehicular circulation.

(Ord. No. 4407, § 1, 10-20-2009; Ord. No. 4577 § 4, 3-9-2021)

8108-5.14.2 - Applicability.

a.

Unless otherwise noted herein, all parking areas shall comply with the landscaping and screening requirements of this Section and Sections 8106-8.2.1, 8106-8.2.2, 8106-8.2.3, and 8106-8.2.8. Section 8106-8.2.7 shall apply to any parking areas containing manufactured slopes. Underground parking is exempt from these requirements.

b.

Planning Director Waivers/Modifications. The Planning Director or designee may grant modifications and waivers to landscaping requirements where existing structures or irregularly configured lots preclude implementation of the requirements, or where compliance would result in the loss of existing required parking spaces due to site size restrictions. The Planning Director or designee shall seek a compromise between reducing the amount of required parking and reducing the amount of required landscaping. Wherever possible, at least some landscaping shall be required. Water use efficiency must be incorporated into all landscape designs. Any modification or waiver shall meet or exceed the requirements of the MWELO, when it is applicable to the project (see Section 8106-8.2.1(b)). In granting modifications, the Planning Director or designee shall prioritize the provision of landscaping as follows: (1) First priority—the provision of landscape screening adjacent to streets and (2) Second priority—the provision of shade trees.

The Planning Director or designee may allow the following modifications where there are space constraints or other unique circumstances associated with the site:

(1)

Perimeter Landscaping and Screening, Adjacent to Streets. The Director may allow the use of smaller perimeter planters or waive these requirements, except there shall be no waiver of these requirements for any project that is located across the street from residential zones or land uses.

(2)

Interior Landscaping. If the applicant can demonstrate that compliance with interior landscaping requirements would result in the loss of existing required parking spaces, the Director may modify the interior landscaping requirement. Whenever feasible, the Director shall require a minimum of some interior landscaping with priority given to planting shade trees. The Director may also approve acceptable substitutions for interior landscaping, such as:

i.

Use of a light-colored/high-albedo (minimum of 0.3) paving surface or use of a pervious paving surface pursuant to Section 8108-