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HomeMy WebLinkAboutLCPA 96-10; Incidental Outdoor Dining; Local Coastal Program Amendment (LCPA) (5)rde City of CARLSBAD Planning Departmefit P.C. AGENDA OF: May 7,1997 A REPORT TO THE PLANNING COMMISSION r Application complete date: n/a Project Engineer: n/a Project Planner: Elaine Blackburn ItemNo. @ SUBJECT: ZCA 96-10LCPA 96-10 - INCIDENTAL OUTDOOR DINING AREAS - A Zone Code Amendment and a Local Coastal Program Amendment to modify Chapters 21.04, 21.26, 21.27, 21.28, 21.29, 21.30, 21.32, and 21.34 of the Municipal Code to allow Incidental Outdoor Dining Areas associated with restaurants on private property citywide outside of the Redevelopment Area. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4038 RECOMMENDING APPROVAL of the Negative Declaration and Planning Commission Resolutions No. 4039 and 4040 RECOMMENDING APPROVAL of ZCA 96-10 and LCPA 96-1 0 based upon the findings contained therein. 11. INTRODUCTION This zone code amendment is being processed pursuant to City Council direction. The amendment will allow incidental outdoor dining areas associated with restaurants citywide on private property outside of the Redevelopment Area with an administrative permit, and will exclude such areas from parking requirements and from sewer impact fees. 111. PROJECT DESCRIPTION AND BACKGROUND Staff previously prepared an agenda bill, at Council’s request, relating to the possibility of allowing small outdoor eating areas associated with sit-down restaurants to be excluded from certain City requirements, such as parking, sewer impact fees and water impact fees. At that time, staff presented to Council some preliminary recommendations and identified some potential issues which would need to be resolved prior to the development of a proposed zone code amendment. Council directed staff to pursue resolution of those issues, develop specific recommendations, and prepare the necessary zone code amendments to implement appropriate changes. Staff surveyed numerous cities regarding outdoor dining area regulations and any issues associated with them, and developed the zone code amendment attached to this report. The proposed amendment consists of numerous text changes contained in the attached exhibits. Exhibits “X’ and “Y” are draft Council ordinances for the proposed ZCA and LCPA, respectively. Exhibit “I” contains essentially the same information but in a redlined/strikeout version for easier reading. Staff has also attached Exhibits “Z” and “11”, a draft Council ordinance for a Municipal Code Amendment to exempt the proposed incidental outdoor dining areas fiom sewer impact fee calculations. Because this action involves the establishment of fee amounts, it will be heard by City Council only. Therefore, the Planning Commission would not ZCA 96- 1 OLCPA 96-1 0 - 1ldCIDENTA.L OUTDOOR DINING ARcAS MAY 7,1997 take action on this item. The ZCALCPA amendment will allow incidental outdoor dining areas of limited size on private property citywide outside of the Redevelopment Area. The proposed amendment accomplishes several objectives as discussed in detail below. A. The amendment defines an “incidental outdoor dining area”. The proposed amendment includes a definition of an “incidental outdoor dining area” to be added to the “Definitions” chapter of the Municipal Code. (See Exhibit I, Section I.) This definition distinguishes these “incidental” dining areas from outdoor dining areas generally for permitting purposes. The proposed definition of an “incidental outdoor dining area” was developed based upon Council’s general direction to staff and the results of the surveys of related literature and other cities’ experiences with outdoor dining areas. The City’s current Municipal Code uses several terms for uses which primarily serve food and which have indoor seating including “bona fide eating establishment”, “restaurant”, and “deli“. The definition of an incidental outdoor dining area, therefore, specifically includes each of these types of food service establishment. The proposed definition establishes a maximum number of seats, tables, and size in square feet for an “incidental outdoor dining area”. This was done in order to ensure that the incidental outdoor dining area remains accessory to the associated indoor restaurant. The proposed limitations are: a maximum of 16 or fewer seats (depending upon the number of indoor seats), 6 tables, and 400 square feet of floor area. B. The amendment allows incidental outdoor dining areas only in the zones in which restaurants andor deli’s are already allowed (i.e., the C-1, 0, C-2, C-T, C-M, M, and P-M zones). Under current regulations, restaurants and/or deli’s are allowed in the zones cited above. The intent of the proposed amendment was to allow incidental outdoor dining areas as a part of otherwise allowed restaurants/deli’s. Consequently, the proposed amendment does not change the zones or locations in which restaurants or deli’s are allowed. In some of these zones the restaurantddeli’s require a Conditional Use Permit (CUP). The proposed amendment will allow incidental outdoor dining areas equally whether the restaurantldeli is allowed by right or by CUP only. In either case, the same administrative permit will be required. If a CUP is required for the restaurantldeli, the administrative permit for the incidental outdoor dining area would be processed concurrently and could be approved by the Planning Director following the CUP approval by the Planning Commission. ZCA 96- 1 O/LCPA 96- 10 - IdCIDENTAL OUTDOOR DINING AREAS MAY 7,1997 C. The amendment creates an administrative permit requirement for incidental outdoor dining areas. (See Exhibit I, Section 11.) It was the desire of Council to provide an incentive for restaurants to provide small outdoor dining areas with a minimal amount of cost and time to the applicant wherever possible. Consequently, staff has developed a recommendation requiring a new administrative permit (an “Incidental Outdoor Dining Area” Permit) for incidental outdoor dining areas. The administrative permit/procedure proposed is similar to that required for administrative variances and second dwelling units. It will involve minimal cost to the applicant ($1 50.00) and can be processed quickly, while ensuring adequate review of applications. The procedure requires a 15-day noticing period for neighboring property owners within 300 feet. (Again, this is similar to the noticing area for administrative variances and second dwelling units.) The Planning Director’s decision on a permit request could be appealed to the Planning Commission. D. The proposed amendment provides design and locational criteria for incidental outdoor dining areas. (See Exhibit I, Section 11.) The proposed design and locational criteria were developed in order to accomplish several objectives. First, it was necessary to ensure compliance with all applicable regulations governing alcoholic beverage service and access for persons with disabilities. The proposed criteria specifically require compliance with such regulations. Second, staff wanted to ensure provision of adequate pedestrian and vehicular circulation and safety for both the incidental dining area and for surrounding uses. In addition, the proposed incidental dining area should not negatively impact traffic circulation. The proposed criteria establish these requirements. Each Incidental Outdoor Dining Area Permit application will be reviewed by Engineering and Planning staff to ensure that there are no negative impacts to traffic circulation. Staff also wanted to preserve compliance with current regulations which provide for aesthetic considerations (e.g., landscaping). The proposed criteria also address this issue by prohibiting landscaping changes without Planning Director approval. E. The proposed amendment creates an exclusion fiom parking requirements for all incidental outdoor dining areas. The proposed amendment excludes all incidental outdoor dining areas from the floor area calculations used to determine the number of parking spaces required. (See Exhibit I, Section 11.) Currently, restaurants must provide parking for any indoor and outdoor use areas at the same ratio. Because incidental outdoor dining areas are restricted in size (number of tables and chairs and number of square feet) and are not usable at all times (e.g., during inclement weather), it has been determined that there will be no significant impacts from this exclusion. ZCA 96- 1 OLCPA 96- 10 - 114CIDENTAL OUTDOOR DINING ARcAS MAY 7,1997 IV. ANALYSIS The project is subject to the following regulations and requirements: A. City of Carlsbad General Plan; B. Zoning Regulations Chapters 21.04 (Definitions), 21.26 (C-1 Zone), 21.27 (0 Zone), 21.28 (C-2 Zone), 21.29 (C-T Zone), 21.30 (C-M Zone), 21.32 (M Zone), and 21.34 ((P-M Zone) of the Municipal Code; and C. Carlsbad Local Coastal Program. A. General Plan The proposed zone code amendment is consistent with the applicable goals and policies of the General Plan. The General Plan Land Use Element (Commercial Land Uses) contains several goals including “a healthy and diverse economic base” (Goal A.l), promotion of “economic development strategies” for commercial and other land use types (Goal A.3), and the promotion of “tourist oriented land uses” which serve a variety of users. These goals are to be implemented through a variety of policies and programs including “to establish and maintain commercial development standards” to address various design concerns and ensure compatibility between the commercial use and the surrounding land uses (Objective B.3). The proposed zone code amendment is consistent with these goals, objectives and policies. Restaurants which include outdoor dining areas represent an amenity (an alternative dining opportunity) which is attractive to both tourists and residents/employees in the City. The proposed amendment will not change the uses allowed in any zone. In addition, the amendment includes design and locational standards, among other requirements, which will ensure compatibility with surrounding uses. B. Zoning Regulations Under current regulations, restaurants andor delis are allowed by right in the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-T (Commercial-Tourist), C-M (Heavy Commercial- Limited Industrial), and M (Industrial) zones and with a CUP in the 0 (Office) and P-M (Planned Industrial) zones. The code requirement for restaurant parking is one space per 100 square feet (for restaurants less than 4,000 square feet in size) and 40 spaces plus one space per 50 square feet of floor area in excess of 4,000 (for restaurants of 4,000 square feet or greater). Restaurants which incorporate outdoor seating areas are allowed provided they satisfy all applicable requirements, including providing required parking at the appropriate restaurant parking ratio. The proposed zone code amendment would not change the zones in which restaurants or delis (with or without outdoor seating areas) are allowed. It simply allows a limited amount of such outdoor seating to be provided without having to provide parking and without paying sewer impact fees. (A restaurant which is designed to provide a larger outdoor dining area (e.g., one containing 600 square feet of area) would be required to provide parking for the portion of the outdoor dining area which exceeds the “incidental” definition.) ZCA 96- 1 O/LCPA 96-1 0 - ll.(CIDENTAL OUTDOOR DINING AhAS MAY 7,1997 C. Local Coastal Program Because the project includes areas within the Coastal Zone and amends the City’s Zoning Ordinance, the project requires a Local Coastal Program Amendment which must be approved by the Coastal Commission following City Council action. The proposed amendment will be applicable citywide outside of the Redevelopment Area. Consequently, it will involve the Mello I, Mello 11, Agua Hedionda, East BatiquitosMunt, and West Batiquitos/Sammis segments of the Carlsbad Local Coastal Program. Staff has reviewed the proposed project with regard to the various Coastal segment programs and has determined that the proposed wording is consistent with all Coastal segment regulations. The proposed amendment is limited in its nature and will not change existing regulations prohibiting or restricting development on sensitive slopes, bluff tops, or agricultural lands. It also will not change any requirements for vista pointdview corridors. Any proposed restaurant development in the Coastal Zone (with or without an incidental outdoor dining area) will be subject to essentially the same regulations and restrictions on development as currently exist except for parking requirements. The proposed parking exclusion for incidental outdoor dining areas will not affect public parking in the Coastal Zone as the proposed incidental outdoor dining areas will only be allowed on private property. Further, it has been determined that the proposed parking exclusion is “de minimus” in nature and will, therefore, have no negative impacts. Therefore, staff believes the proposed amendment is consistent with all existing Coastal regulations. V. ENVIRONMENTAL REVIEW This project was reviewed pursuant to the California Environmental Quality Act (CEQA) and was found to have no potentially significant effect on the environment. (See discussion in the EIA Part 11, attached.) Therefore, the Planning Director issued a Negative Declaration on October 3 1, 1996. ATTACHMENTS: 1. 2. 3. 4. 6. Exhibit “Z” 7. Exhibit “11”. Planning Commission Resolution No. 4038 Planning Commission Resolution No. 4039 Planning Commission Resolution No. 4040 Exhibit “I” dated May 7, 1997 (italics reflect proposed changes to the CMC) EB:bk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT “I” May 7,1997 SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code is amended by the addition of Section 21.04.188.1 to read as follows: “21.04.188.1 Incidental Outdoor Dinina Areas. Incidental Outdoor Dining Area ” means, everywhere except within the Redevelopment Area Local Coastal Program Segment, a small extension of an indoor restaurant, bona fide eating establishment, or deli which extends outdoors beyond the walls of the restaurant and which is used exclusively for eating, drinking, and pedestrian circulation therein. Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way). The maximum number of seats, tables, and square feet allowed in an incidental outdoor dining area shall be limited to: a maximum of 20% of the number of indoor seats or a maximum of sixteen (16) seats, whichever is more restrictive; and, a maximum of six (6) tables; and a maximum of 400 square feet in area. 0) (io (iii) Incidental outdoor dining areas may be allowed pursuant to Chapter 21.26 of the Any amount of outdoor dining area exceeding the above Carlsbad Municipal Code. limitations shall not be considered “incidental” for purposes of this definition. ” SECTION 11: That Title 21, Chapter 21. 26 of the Carlsbad Municipal Code is amended by the addition of Section 2 1.26.01 3 to read as follows: “21.26.013 Incidental outdoor dining areas may be approved by administrative permit for restaurants, bonafide eating establishments, and deli’s in the C-1, 0, C-2, C-T, C-M, M, and P- M zones outside of the Redevelopment Area. The owner of the subject property shall make written application to the Director. Such application shall include all materials deemed necessary by the Director to show that the requirements of Subsection (e) hereof are met. If the site is in the Coastal Zone, the application shall also constitute an application for a Coastal Development Permit. The Director shall give written notice to all property owners within 300 feet of the subject property of pending development decision after the application is complete, at least fifteen working days prior to the decision on the application as follows: Contents. The notice shall include all requirements of Section 21.54.061 of this code, including a notice of a public comment period of at least 15 working days sufficient to receive and consider comments submitted by mail prior to the date established for the decision. The notice shall also include a statement that a public hearing shall be held upon request by any person and a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal approval of the administrative permit by the Director to the Planning Commission. Incidental Outdoor Dinina Areas permitted bv administrative permit. (a) (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The Director may approve, approve with conditions, or deny the permit. The Director may waive a public hearing on an administrative permit if notice has been provided in accordance with subsection (a)(l) of this section and a request for a public hearing has not been received by the city within 15 working days from the date of sending the notice. If a request for a public hearing is received, a public hearing before the Director shall be held in the same manner as a Planning Commission hearing. In either event, the Director’s decision shall be based upon the requirements of, and shall include, specific factual findings supporting whether the project is or is not in conformity with the requirements of Section 21.26.013(c). The Director’s decision shall be made in writing. The date of the decision shall be the date the writing containing the decision or determination is mailed or otherwise delivered to the person or persons affected by the decision. If the matter includes a Coastal Development Permit, unless the decision is appealed to the Planning Commission, the Director shall provide a notice offinal action in accordance with Sections 21.201.1 60 and 21.201.1 70. Development Standards. All Incidental Outdoor Dining Areas shall comply with the following development standards: (1) All applicable requirements of the State of California Disabled Access Regulations (Title 24). (2) All applicable requirements of the Alcoholic Beverage Commission, if alcoholic beverages are served in the outdoor area. (3) Be operated only during the hours of operation of the associated restaurant. (4) Provide adequate circulation to accommodate normal pedestrian traffic and circulation for the outdoor dining area. Pedestrian clearance between tables anrl/or wals/fnces shall be a minimum 42” wide. (e) (5) Not be located where the area would: (A) (B) (C) @) remove or reduce existing landscaping (unless equivalent (E) present a traffic hazard; or, (F) be incompatible with outdoor dining, in the opinion of the City Engineer, because of the speed, volume, or nearness of vehicular traffic. when calculating square footage for purposes of determining parking required per Chapter 21.44 of this Code, space used for incidental outdoor dining areas pursuant to this section shall be excluded. encroach into the public right-of-way; eliminate any existing parking spaces; interfere with vehicle or pedestrian circulation; additional landscaping is provided elsewhere to the satisfaction of the Planning Director); (6) (7) No heating devices shall be allowed in incidental outdoor dining areas. ” SECTION 111: That Title 21, Chapter 21. 27 of the Carlsbad Municipal Code is amended by the addition of Section 2 1.27.035 to read as follows: “21.2 7.035 Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).” Incidental Outdoor Dining? Areas permitted bv administrative permit. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION IV: That Title 2 1, Chapter 2 1.28 of the Carlsbad Municipal Code is amended by the addition of Section 21.28.012 to read as follows: “21.28.012 Incidental Outdoor Dining Areas uermitted bv administrative permit Subject to the development standards set forth in section 21.26.0I3(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a). ’’ SECTION V: That Title 2 1, Chapter 2 1. 29 of the Carlsbad Municipal Code is amended by the addition of Section 21.29.045 to read as follows: “21.29.045 Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.0I3(a). ” Incidental Outdoor Dining Areas uermitted bv administrative permit. SECTION VI: That Title 21, Chapter 21.30 of the Carlsbad Municipal Code is amended by the addition of Section 21.30.015 to read as follows: “21.30.01 5 Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a).” Incidental Outdoor Dininp Areas permitted bv administrative permit. SECTION VII: That Title 21, Chapter 21.32 of the Carlsbad Municipal Code is amended by the addition of Section 21.32.015 to read as follows: “21.32.0I5 Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Area may be approved by administrative permit pursuant to section 21.26.013(a). ” Incidental Outdoor Dining Areas vermitted bv administrative permit. SECTION VIII: That Title 21, Chapter 21.34 of the Carlsbad Municipal Code is amended by the addition of Section 21.34.035 to read as follows: “21.34.035 Subject to the development standards set forth in section 21.26.013(c) an Incidental Outdoor Dining Incidental Outdoor Dining Areas uermitted bv administrative permit. Area may be approved by administrative permit pursuant to section 21.26.013(a).” -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT “Z” ORDINANCE NO. AN AMENDMENT TO TITLE 13, CHAPTER 13.10 OF THE CARLSBAD MUNICIPAL CODE TO CREATE A SEWAGE IMPACT FEE EXEMPTION FOR INCIDENTAL OUTDOOR DINING AREAS ASSOCIATED WITH RESTAURANTS ON PRIVATE PROPERTY CITYWIDE OUTSIDE OF THE REDEVELOPMENT AREA. CASE NAME: INCIDENTAL OUTDOOR DINING AREAS CASE NO.: MCA 96-04 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 13, Chapter 13.10 of the Carlsbad Municipal Code is amended by the amendment of Table 13.1 O.O2O(c) to read as follows: “TABLE 13.1 0.020( c) Type of Building, Structure or Use Equivalent Dwelling Units Each space of a trailer court or mobilehome park 1 .oo Each duplex 2.00 Each separate apartment in an apartment house 1 .oo Each housing accommodation designed for occupancy by a single person 1 .OO or one family, irrespective of the number actually occupying such accommodation Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals + Without cooking facilities 0.60 + With cooking facilities 1 .oo Churches, theaters and auditoriums, per each unit of seating .1.33 capacity (a unit being one hundred fifty persons or any fraction thereof) Restaurants: + No seating 2.67 + Seating 2.67 plus 1.00 (Exception: Seats allowed in “Incidental Outdoor Dining Areas” as defined by Chapter 21.04.188.1 do not count toward generation of sewer impact fees.) per each 7 seats or fraction thereof 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Delicatessen or fast food, using only disposable tableware: + No seating + Seating (Exception: Seats allowed in “Incidental Outdoor Dining Areas” as defined by Chapter 21.04.188.1 do not count toward generation of sewer impact fees.) Automobile service stations: + Not more than four gasoline pumps + More than four gasoline pumps Self-service laundries, per each washer Office space in industrial or commercial establishments not listed above and warehouses Schools: + Elementary schools For each sixty pupils or fraction thereof + Junior high schools For each fifty pupils or fraction thereof + High schools For each thirty pupils or fraction thereof In the case of all commercial, industrial, and business establishments not included in subdivisions 1 through 10, inclusive, of this subsection the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon his estimate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit, issued for any use hereunder, shall include a specific volume of sewage authorized for such use. If said amount is exceeded, it shall be grounds for revocation of the permit.” 2.67 2.67 plus 1.00 per each 21 seats or fraction thereof 2.00 3 .OO 0.75 Divide the gross floor area of the building in square feet by 1800 1 .oo 1 .oo 1 .oo EFFECTIVEDATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certifj to the adoption of this ordinance and cause it to be -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be efective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -3- EXHIBIT “11” TABLE 13.1 O.O2O(c) Type of Building, Structure or Use Equivalent Dwelling Units Each space of a trailer court or mobilehome park Each duplex Each separate apartment in an apartment house Each housing accommodation designed for occupancy by a single person or one family, irrespective of the number actually occupying such accommodation Each room of a lodginghouse, boardinghouse, hotel, motel or other multiple dwelling designed for sleeping accommodations for one or more individuals + Without cooking facilities + With cooking facilities Churches, theaters and auditoriums, per each unit of seating capacity (a unit being one hundred fifty persons or any fraction thereof) Restaurants: + No seating + Seating (Exception: Seats allowed in “lncidental Outdoor Dining Areas” as defined by Chapter 27.04.788.7 do not count toward generation of sewer impact fees.) Delicatessen or fast food, using only disposable tableware: + No seating + Seating + (Exception: Seats allowed in “‘lncidental Outdoor Dining Areas” as defined by Chapter 21.04.788.7 do not count toward generation of sewer impact fees.) Automobile service stations: + Not more than four gasoline pumps + More than four gasoline pumps Self-service laundries, per each washer I .oo 2.00 1 .oo 1 .oo 0.60 I .oo 1.33 2.67 2.67 plus 1 .OO per each 7 seats or fraction thereof 2.67 2.67 plus 1.00 per each 21 seats or fraction thereof 2.00 3.00 0.75 TABLE 13.1 O.O2O(c) Type of Building, Structure or Use Equivalent Dwelling Units (1 0) Ofice space in industrial or commercial establishments Divide the gross floor area not listed above and warehouses of the building in square feet bv 1800 (1 1) Schools: + Elementary schools + Junior high schools + High schools For each sixty pupils or fraction thereof For each fifty pupils or fraction thereof For each thirty pupils or fraction thereof In the case of all commercial, industrial and business establishments not included in subdivisions 1 through IO, inclusive, of this subsection the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon his estimate of the volume and type of wastewater to be discharged into the sewer. The provisions of Chapter 13.16 shall apply to all cases under this subsection and an industrial waste permit shall be required. Any such permit, issued for any use hereunder, shall include a specific volume of sewage authorized for such use. If said amount is exceeded, it 1 .oo I .oo 1 .oo shall be grounds for revocation of the permit.