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Final Report Zoning OrdinanceMUNICIPALITY OF SANTA ROSA _ORDINANCE NO. ____ Series of 1999AN ORDINANCE ADOPTING A LAND DEVELOPMENT GUIDANCE SYSTEM FOR THE MUNICIPALITY OF SANTA ROSA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLI...

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

MUNICIPALITY OF SANTA ROSA ORDINANCE NO. ___ Series of 1999 AN ORDINANCE ADOPTING A LAND DEVELOPMENT GUIDANCE SYSTEM FOR THE MUNICIPALITY OF SANTA ROSA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. Be it ordained and enacted by the Sangguniang Bayan of Santa Rosa: WHEREAS, Section 20-c of the Local Government Code provides that local government units shal l continue to prepare their respective Land Use Plans enacted through Zoning Ordinances which shall be the primary and dominant bases for the future use of land resources; WHEREAS, the local government of Santa Rosa, in pursuit of its development goals and objectives, formulated its Comprehensive Land Use and Development Plan which would require the enactment of regulatory measures to translate its planning goals and objectives into reality; WHEREAS, this Zoning Ordinance is one such regulatory m easure which is an important tool for the implementation of the Comprehensive Land Use and Development Plan; NOW THEREFORE, the Sangguniang Bayan of Santa Rosa in a session assembled hereby adopts the following Zoning Ordinance. ARTICLE I TITLE OF THE ORDINANCE Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the Santa Rosa Land Development Guidance System and shall hereinafter be referred to as the LDGS. ARTICLE II AUTHORITY AND PURPOSE Section 2. Authority. The LDGS is enacted pursuant to the provisions of the Local Government Code of 1991, R.A. 7160 Section 458 (2 ix) authorising the Municipality through the Sangguniang Bayan to adopt a Zoning Ordinance in consonance with the approved Comprehensive Land Use and Development Plan and in conformity with Executive Order No. 72. Section 3.

Purposes. The LDGS is enacted for the following purposes:

1. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants of the Municipality; 2. Guide the growth and development of Santa Rosa in accordance with its Comprehensive Land Use and Development Plan;

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

3. Provide the proper regulatory environment to maximise opportunities for creativity, innovation and make ample room for development within the framework of the Municipality’s over-all goals and objectives; 4. Protect the character and stability of residential, commercial, industrial, institutional, open space and other functional areas within the Municipality and promote the orderly and beneficial development of the same; and 5. Guide the local government and the private sector in their development decisions. Section 4. General Principles. The LDGS is based on the approved Santa Rosa Comprehensive Land Use and Development Plan as per Resolution No. ___ dated ____. 1. The LDGS reflects the Municipality’s vision of “A community with a sustainable economic growth focused on industrial and commercial development that allows for maximum employment opportunities, and promotes a high quality of life through the provision of basic services and a humane and balanced environment;” 2. The LDGS recognises that any land use is a use by right but provides however that the exercise of such right shall be subject to the review standards of the LDGS; 3. The LDG S gives the free market the maximum opportunity to spur the Municipality’s development within a framework of environmental integrity and social responsibility; 4. The LDGS has been designed to encourage the evolution of high-quality developments rather than regulating against the worst type of projects; 5. The LDGS has been crafted in a manner that it is fully responsive to the ever-changing conditions that the Municipality continually face; 6. The LDGS functions as a tool for informed decision making on the part of the land use administrators by way of providing specific criteria to judge the acceptability of developments; 7. The LDGS provides a direct venue for community empowerment where the stakeholders become involved especially in critical development decisions; 8. The regulations in the LDGS are considered as land use management tools that area necessary to provide a clear guidance to land development in order to ensure the community’s common good. ARTICLE III DEFINITION OF TERMS The definition of the technical terms used in the LDGS shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and the Implementing Rules and Regulations promulgated by the HLRB. The words, terms and phrases enumerated hereunder shall be understood to have the corresponding meaning indicated as follows: 1. Agricultural Zone (AGZ) – an area intended for cultivation/fishing and pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

2. Agro-Industrial Zone – an area intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc. 3. Allowable Impervious Surface Area Ratio (AISAR) - the ratio between the coverage of ground level impervious surfaces to the total lot area. This is expressed as a percentage over and above the resultant Percentage of Land Occupancy (PLO) for each development. The computation of impervious surface area coverage shall include spaces outside the building envelope, such as driveways, walks, parking areas, etc. 4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible elements or uses and to control pollution/nuisance. 5. Building Height Limit (BHL) - the maximum height allowed for structures or buildings expressed as number of floors or storeys. 6. Central Business District - shall refer to areas designated principall y for trade, services and business purposes (Commercial 1 Zone) 7. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the approval of the LDGS which do not conform to the provisions herein provided. 8. Certificate of Zoning Classification – a document issued by the Zoning Administrator citing the zoning classification of the land based on this Ordinance. 9. Compatible Uses - uses or activities capable of existing together harmoniously e.g. residential use and parks and playground. 10. Comprehensive Land Use and Development Plan (CLUDP) - a document embodying specific proposals for guiding, regulating growth and/or development. The main components of the CLUDP in this usage are the sectoral studies i.e. Environment, Social, Economic, Land Use, Transport, Infrastructure and Local Administration. 11. Conflicting Uses - uses or activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants. 12. Conforming Use - a use that is in accordance with the zone regulations as provided for in the LDGS. 13. Easement - open space imposed on any land use/activities sited along waterways, road-right-of-ways, cemeteries/memorial parks, utilities and the like. 14. Environmentally Critical Areas - refers to those areas which are environmentally sensitive and are listed in Proclamation 2146 dated 14 December, 1981, as follows: a. b. c. d. e.

All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries; Areas set aside as aesthetic potential tourist spots; Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna); Areas of unique historic, archaeological, or scientific interests; Areas which are traditionally occupied by cultural communities or tribes;

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

f.

Areas frequentl y visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.; g. Areas classified as prime agricultural lands; h. Recharge areas of aquifers; i. Water bodies characterised by one or any combination of the following conditions: • tapped for domestic purposes; • within the controlled and/or protected areas declared by appropriate authorities; and • which support wildlife and fishery activities. j. Mangrove areas characterized by one or any combination of the following conditions: • with primary pristine and dense young growth; • adjoining the mouth of major river systems; • near or adjacent to traditional productive fry or fishing grounds; • which act as natural buffers against shore erosion, strong winds and storm floods; and • on which people are dependent on their livelihood. k. Coral reef characterised by one or any combination of the following conditions: • with 50% and above live coralline cover; • spawning and nursery grounds of fish; and • which acts as natural breakwater of coastlines. 15. Environmentally Critical Projects - refer to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated 14 December 1981, as follows: a. Heavy industries • non-ferrous metal industries; • iron and steel mills; • petroleum and petro-chemical industries including oil and gas; and • smelting plants. b. Resource extractive industries • major mining and quarrying projects; and • forestry projects such as logging, major wood processing, introduction of fauna (exotic animals) in public/private forests, forest occupancy, extraction of mangroves and grazing. c. Fishery projects • dikes for/and fishpond development projects d. Infrastructure projects • major dams; • major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or geothermal); and • major roads and bridges. 16. Exception- a device which grants a property owner relief from certain provisions of the LDGS where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 17. Floor/Area Ratio (FAR) - is the ratio between the Gross Floor Area of a building and the area of the lot on which it stands. Determined by dividing the Gross Floor Area of the building and the area of the lot. The Gross Floor Area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area.

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

18. Forest Zone (FZ) – an area intended primarily for forest purposes. 19. General Commercial Zone (GCZ) – an area for trading, services and business purposes. 20. General Institutional Zone (GIZ) – an area principally for general types of institutional establishments e.g. government offices, schools, hospitals/clinics, academic/research, convention centres. 21. General Residential Zone (GRZ) – an area principally for dwelling/housing purposes. 22. Gross Floor Area (GFA) - the GFA of a building is the total floor space within the perimeter of the permanent external building walls (inclusive of main and auxiliary buildings), occupied by: a. b. c. d. e. f. g. h. i. j.

Office areas; Residential areas; Corridors; Lobbies; Mezzanine; Vertical penetrations which shall mean stairs, fire escapes, elevator shafts, pipe shafts, vertical shafts, vertical ducts, and the like and their enclosing walls; Machine room and closets; Storage rooms and closets; Covered balconies and terraces; and Interior walls and columns, and other interior features.

Excluding the following: k. l.

Covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present; and Uncovered areas for AC cooling towers, overhead water tanks, roof decks lau ndry areas and cages, wading or swimming pools, whirlpool or jacuzzis, gardens, courts or plazas.

23. HLRB/BOARD - shall mean the Housing and Land Use Regulatory Board 24. Impervious Surface - type of man-made surface which does not permit the penetration of water. 25. Land Use Intensity Controls (LUIC) - refer to controls on open spaces (PLO), building bulk (FAR), building height (BHL) and impervious surfaces (AISAR). The LUIC is imposed to control, among others, traffic generation, requirements on utilities, overbuilding, over-crowding, visual access and to attain the desired zone character. The LUIC is applied as follows: a. b.

Maximum Allowable Building Area Per Floor in Square Meters = Lot Area x Allowable PLO Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable FAR

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

c.

In determining the maximum number of floors per building, BHL regulations shall apply.

For planned unit development schemes, residential subdivisions and the like, the LUIC shall apply to individual lot parcels. Gross open spaces (defined as common areas, roads, etc.) shall be governed by the requirements of PD 957, BP 220 and related regulations. For large scale projects on single blocks, i.e. those that have no lot/parcellary subdivisions, the LUIC shall mean to apply to the gross lot area of the block and the gross floor area of the buildings to be put up therein. 26. Light Industrial Zone (I-1) – an area principally for t he following type of industries: a. non-pollutive/non-hazardous b. non-pollutive/hazardous 27. Locational Clearance - a clearance issued to a project that is allowed under the provisions of the LDGS as well as other standards, rules and regulations on land use. This clearance is required prior to the issuance of a building permit. 28. Medium Industrial Zone (I-2) – an area principall y for the following types of industries: a. pollutive/non-hazardous b. pollutive/hazardous 29. Mitigating Device - a means to grant relief in complying with certain provisions of the LDGS. 30. Non-Conforming use - existing non-conforming uses/establishments in an area allowed to operate in spite of the non-conformity to the provisions of the LDGS subject to the conditions stipulated in the Locational Clearance. 31. Official Zoning Map - a duly authenticated map delineating the different zones in which the whole Municipality is divided. 32. Parks and Recreation Zone (PRZ) - an area wherein uses are designed for diversion/amusements and for the maintenance of the ecological balance of the community. 33. Percentage of Land Occupancy (PLO) - defined as a percentage of the maximum allowable floor area of any building (at any floor level) to the total lot size. This includes the main and auxiliary buildings. In case of discrepancy between the specified PLO in this Ordinance and the Light and Ventilation provisions of the National Building Code, the lesser allowable floor area shall prevail. 34. Rezoning – a process of introducing amendments to or change in the text and maps of the Zoning Ordinance. It also includes amendment or change in view of reclassification under Section 20 of RA 7160. 35. Setback - the open space left between the building and lot lines. 36. Socialised Housing Zone (SHZ) – shall be used principally for socialised housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279.

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

37. Variance - a Special Locational Clearance granting a property owner relief from certain provisions of the LDGS where, because of the particular physical surrounding, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 38. Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit. 39. Water Zone (WZ) – bodies of water that include rivers, streams, lakes and seas except those included in other zone classifications. 40. Zone - an area within the Municipality, as defined by manmade or natural boundaries, where specific land use regulations are applied. 41. Zoning Administrator - a Municipal government employee responsible for the implementation/enforcement of the LDGS. ARTICLE IV ZONE CLASSIFICATIONS Section 5. Division into Zones. The Municipality of Santa Rosa is hereby divided into five general zones, namely, Low Intensity Development, Urban Redevelopment, Growth Management – 1, Growth Management – 2 and Shoreland. Said divisions are for the purposes of the following: 1. implementing the Santa Rosa CLUDP; 2. defining specific areas of the Municipality of Santa Rosa, each requiring different standards of development to meet different circumstances present within the zone; and 3. serving the purposes and intent of the LDGS as outlined in Chapter I. The provisions contained herein anticipate the likelihood and desirability of mixing land uses. Unlike conventional zones, which segregated various land uses, th e LDGS allows mixed uses and places the emphasis on minimising or buffering an y nuisance factors between such uses. Further provisions impose criteria to resolve an y possibl e problems and eliminate what might be negative impacts when unlike uses are located in proximity. Zones are distinguished according to allowable land use intensities, which are discussed in detail in succeeding articles. Section 6. below.

Description of Zones. The intent and purpose of each zone is described

1. Low Intensity Development Zone The Low Intensity Development Zone (LIDZ) is the Low Intensity Development Area described in the CLUDP. The Zone is one of the direct urban expansion areas of the Poblacion but is, however, determined to have low devel opment capability. Limitations are due mainly to it being flood prone with unstable soils in some parts. It is delineated in order to control development in these environmentally sensitive lands.

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Santa Rosa Comprehensive Land Us e and Development Plan Final Report Zoning Ordinance

The LIDZ further hosts the remaining classified agricultural areas of Santa Rosa. The LDGS does not provide for the re-classification of these agricultural areas. Reclassification shall have to undergo the standard statutor y proceedings as required by the Sangguniang Bayan. The LDGS provides that the LIDZ shall be a predominantly low-intensity development area having substantial vegetated and landsc aped open spaces. All developments shall carefully consider drainage as well as minimise impervious surface conditions. Barangays included in the LIDZ (in whole or in part) are as follows: Sinalhan, Aplaya and Caingin. 2. Urban Redevelopment Zone The Urban Redevelopment Zone (URZ) is the Urban Redevelopment Area described in the CLUDP. It hosts the traditional business and residential districts of Santa Rosa. These districts have since expanded and evolved into a mixed-use area predominated by low to medium intensity activities. The zone, however, has moderate development capability in as much as it is located on environmentally sensitive land and has little room for substantial infrastructure improvement. It is the intent of the LDGS to encourage urban renewal to enhance the present mixeduse character of the area as well as prevent the over-burdening of infrastructure. The LDGS further promotes the low to medium-intensity mixed use development in this area, which can improve the identity and character of the zone in particular and the Municipality in general. A compact urban development pattern is desired, interspersed with strategic public open spaces. The central Poblacion area, composed of Bgys. Kanluran and Malusak, is hereby classified as a Historical Redevelopment District (HRD). This encompasses Rizal Blvd., from the foot of Sta. Rosa Bridge to the corner of G. B. Zavalla St.; F. Gomez St. from the corner of Ano...