Dads: No construction of commercial buildings in Baguio residential areas

By Jordan G. Habbiling

BAGUIO CITY -- The city council has proposed an ordinance seeking to curb the unabated construction of commercial buildings in residential zones.

The ordinance was approved on first reading and referred to the city council committee on urban planning, lands, and housing for review.

The controversy on Vista Residences’ tree-cutting operations at Outlook Drive Barangay for construction of a condominium prompted the council to push for an ordinance prohibiting the Local Zoning Board of Adjustment and Appeal (LZBAA) from giving zoning exemptions and prohibiting other offices from issuing locational clearances and building permits to applicants.

Outlook Drive Barangay is classified as a residential zone under the zoning ordinance.

According to Antonette Anaban, Assistant City Planning and Development Officer, Vista Residences managed to secure an exemption in 2017.

During the council session on July 13, Anaban urged the council to enact an ordinance imposing a moratorium on the application of an exemption from the zoning ordinance.

“Aside from a tree-cutting moratorium, perhaps we should also consider the moratorium for the applications for zoning exemptions kasi hindi nako-control, eh. Ang dami-dami talagang applications for exemptions and that already defeats the purpose of the zoning ordinance,” Anaban said.

The moratorium, she added, will give time for their office to review and update the comprehensive land use plan (CLUP).

Once approved, the ordinance recently filed by the city council shall suspend exemptions by the LZBAA for 15 years.

No locational clearance shall be issued if the intended structure will deviate from the zoning ordinance of the city.

Also, no building permit shall be issued by the City Buildings and Architecture Office (CBAO) for construction of any structure that does not conform with the land classification or land use of a lot under the city’s zoning ordinance.

But under the proposed ordinance, an exemption from the zoning ordinance or the City Land Use Plan (CLUP) can be granted by virtue of another ordinance.

An exemption can be granted for the following reasons:

When an ordinance is passed reclassifying the use of certain parcels of land as part of the zoning;

When the intended use was reclassified by virtue of a law passed by congress or presidential proclamations, as when the land is released for other uses;

When the classification of the land is in conflict with final order of the Court;

When, by virtue of the character of the land, the same cannot be utilized for its intended use of classification in the zoning; and

When the reclassification will better serve the public welfare, public interest, and public policy.

Any government employee who knowingly issues a locational clearance or a building permit in violation of the ordinance shall be meted an administrative charge for grave misconduct under civil service rules, shall be imprisoned for one year, and shall be fined P5,000.00

Any individual who was able to obtain a locational clearance and a building permit in violation of the zoning ordinance shall be imprisoned for one year and shall be fined P5,000.00. In addition, the structure shall be subject to withdrawal of the building permit and shall be demolished.

The ordinance authored by all members of the city council states the unabated construction of commercial buildings on areas in the city that are classified as residential zones has caused the destruction of century old and naturally grown pine trees.

The council assailed grant of exemptions given to private companies from restrictions imposed by the existing zoning ordinance.

“The city government as the regulating agency has that responsibility to counter-check effects of this exemptions or variance on the utilization of lands covered in the zoning, thus the need to impose moratorium save for valid reasons,” the proposed ordinance stated.