CHAPTER 9 Land Use Plan

9.1 Introduction
Land use planning is the outcome after land classification. This is the process of the drawing utilization up of the the spatial configuration that will land complement and supplement the socio-economic development focus shaping up land. Several methods of classification a re being used. The best system should account for the permanent physical characteristics of the land and the imposed risk as the limitation for its utilization. There are several key interpretation and classification of the land for specific purpose such as the slope, soil, depth, permeability, water holding capacity and geology. A soil map has been presented as the basis for the capability or design for development.

9.2

Physical Profile and Land Use of the Province of Cebu

The Province of Cebu is part of the Central Visayas Region surrounded by bodies of seawater and

(Region VII). As viewed on the map, the province stands like an elongated mass of land sporadic islands and islets. Its longest stretch is about 220 kilometers and its widest portion is about 41 kilometers. Its terrain is rugged and mountainous. Sixty four percent (64%) of the land area is in the category of 18-30% slope. three major island All urban centers, towns and of Cebu are villages are and located in flat lands covering about 24.1% of the land areas. The groups Mactan, Camotes Bantayan. There are more protection lands in Cebu province comprising 48.6% of the total land use. Production lands, however, places second with 45.9%. Built-up areas, where urban centers are situated comprise only 3.8%/ Rampant conversion and encroachment of both protection and production lands are taking place. Major watershed areas are issued proclamations to protect them from other uses.

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9.3 The Provincial Physical Framework Plan

The goals of the Provincial Physical Framework Plan (PPFP) are directed towards the attainment of the following: To ensure rational distribution of population; To ensure sustainable use of land resources and protection of critical environment values; To provide adequate and efficient infrastructure and support facilities and utilities and; To establish institutional capability and ensure that sectoral activities are supportive of the comprehensive development of Cebu Province. The following alternative spatial strategies were identified and evaluated as the means to attain the goals of the PPFP: Trend Scenario Alternative 1: Industrialization Alternative 2: Agro-Industrial Development Alternative 3: Eco-Tourism

The Preferred Spatial Alternative/Framework is the combination of the three alternatives presented. Growth centers and the accompanying types of economies to be developed are presented. The identified major catalyst of growth for the preferred framework is industrialization.

9.4 A.

Toledo City within the Context of the Cebu PPFP Settlement Plan:
Toledo City has been identified as a small town (Secondary Urban

Center B Category) in the 1990 Hierarchy of Urban Centers, with an urban population of 16,596 against rural population of 103,178. However, Toledo City is projected in year 2002 as one of the Large Towns (Primary Urban Center B Category) with Talisay, Consolacion, Carcar and Bogo. Total land required for urban development in Toledo City is estimated at 21,627.75 hectares in 2003.However, the existing settlement

pattern of the Province of Cebu show that in the western board,

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Toledo City with above 100K population and the only large city outside Metro Cebu, is setting an urban growth trend that can generate above normal growth rates when mining acitivities based in the area reached full capacity level. Cebu has 3,848,730 population in 2007, that is 60.15% of the regions population of 6,398,439 and 4.34% of the countrys population of 88,570,000. Cebu has average density of 756 persons per square kilometer that is 76% higher than the regions average of 427 persons per sq. km. and 151% higher than that of the countrys 300 persons per sq. km. average. In the western part, Toledo City is fast becoming a growth center with 4% population share and Balamban, the adjacent municipality with average population growth rate of 1.45%. The growth may not have the same pace as Metro Cebu, nevertheless, a trend is already taking place upon the continuing presence of large industrial firms. After 30 years, Metro Cebu will saturate 70-80% population share, the remaining population will be significantly distributed in three (3) different growth centers Toledo City-Balamban corridor, Bogo CityDaanbantayan link and the Bantayan island group.

B.

Functional Role of Toledo City

Toledo City is one of the growth centers identified by RDC in the

RPFP-CAID strategy and CIADMPS Western Seaboard Industrial Area. Its strategic location makes the city the gateway of goods and services to the western coast of Cebu via the Cebu-Manipis and Naga-Uling arterial roads and Negros Island via San Carlos City RORO facilities. The completion of the Cebu TransCentral Highway will further improve its role as the center of trade, commerce and industry in the western side. The city is also expected to play its dominant role as t he regions major contributor and exporter of rich natural resources products such as copper, coal, etc.

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9.5

Land Use Plan A. Existing General Land Use

The dominant land use of Toledo City is agricultural land with a total area of 83.55 sq km or 38.631% of citys total land. This area is mostly under the rural land category and is based on the PPFPs estimation of agricultural production areas in A & D and forestland. Other dominant general land uses are Forest areas with 53.33 sq km (24.58%) and mining/industrial (21.812%). Mining area is dominated by ACMDC. Built-up area was estimated a t 7.272 sq.km (3.362%). Based on the preliminary estimates, the following are the existing General Land Use categories with corresponding area in square kilometers:

Land Use Category Agricultural Land Forest Land Mining/Industrial Area Idle/Vacant Land Built-Up Area Swamp/Mangrove/ Fishpond TOTAL AREA

Area (has.) 8,355.00 5,333.00 4,717.50 2,380.00 727.20

% Distribution 38.63% 24.66% 21.81% 11.00% 3.36%

115.00 21,627.75

0.53% 100.00%

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B.

Existing Urban Land Use Area (has) 141.42 88.96 23.71 20.85 13.64 % Distribution 48.29% 30.37% 8.10% 7.12% 4.66%

Land Use Category Residential Industrial Commercial Parks/Open Space Institutional Other Uses -Cemetery TOTAL AREA

4.3 292.88

1.47% 100.00%

The existing urban land use of the city is industrial urban land use comprising 30.37%.

primarily residential

comprising 48.29% of the total urban area. This is followed by the This area is largely found in Barangay Sangi where two (2) industrial companies are situated . The third largest urban land use is allocated as commercial taking consideration the presence of numerous business establishments along the commercial area.

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Fig. 9.1 Existing General Land Use Map

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Fig. 9.2 Existing Urban Land Use Map

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C.

Proposed General Land Use

Under the proposed general land use for year 2015, built-up

area has and increase of 3,231.90 has. The presence of barangay centers in every barangay is also a factor that is considered in the increases of the proposed general land use. Pursuant to the city governments vision to promote eco-tourism, some areas in the city were considered for tourism development which to mention are Barangay Cantabaco, Bagacay, Ilihan, DAS and General Climaco. Forest, timberland and fishpond were maintained over the planning period. Mining Area is allocated at 21.82% with anticipation that mining activities will heightened with the re-opening of Atlas Mining Corporation.

Land Use Category Agricultural Forest/Timberland Mining Area Built-Up Areas Eco-Tourism Others: a. Agro-forestry b. Swamps/Mangroves c. Fishponds

Area (has) 5,965.35 5,073.00 4,717.50 3,216.90 375.00

% Distribution 27.58% 23.45% 21.82% 14.88% 1.73%

2,165.00 70.00 45.00

10.01% 0.32% 0.20%

TOTAL

21,627.75

100%

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D.

Proposed Urban Land Use Plan

The Proposed Urban Land Use is increased to 22,627.75 from the existing area of 21,627.75 sq.km. The proposed urban expansion and the opening of new areas for the government center, socialized housing sites, residential, educational , commercial and reclamation area /port development are the major factors considered in the increase of the proposed urban land use. This increase is considered necessary in order to address the expected demand of urban functions as a result of the strategy on the dispersal of economic activities to rural areas. The proposed urban land use provided a more detailed allocation Ordinance. for the residential, commercial and industrial areas according to its classification and in consonance with the Zoning There is an increase in the allocation of residential 34.58 hectares which is expected to answer the areas of about

requirements arising out of in-migration and growth in population. Over the years, it is expected that commercial activities will rise at the same instance with industrial growth in the city. In line with this expectation, the city has increased both the areas for commercial and industrial purposes. The Special Economic Zone which will soon rise in the Sangi-Dumlog area form part of the increase in the industrial area. The Public Affairs Area is also increased due to the transfer of the government center in Barangay Ilihan from Barangay Poblacion. In effect , this will also give rise to the economic activity in the immediate area including the demand for institutional areas whether for educational or religious purposes. As mentioned earlier, eco-tourism development is one of the important strategies being undertaken by the city and in order to address this agenda, there is substantial allocation for both Parks and Open Space including Recreational Beaches/Tourism/Potential and Historical Sites that are enumerated in the Tourism Sector and included in the Coastal Resource Management Plan.

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Fishpond and Mangrove Areas are maintained to preserve the environment but which may still be further developed for tourism. Reclamation Port Development is an important ingredient of urban land use since this will provide the city government with larger opportunities for industrial land requirement vis--vis with ever-increasing services and requirement for purpose. population and There employment never be and provision land of area utilities. can a fixed eco-

industrial and commercial purposes so that it is

necessary that additional land area will be available for its ideal

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Land Use Category

Low Density Residential Area Medium Density Residential Area High Density Residential Area Light Commercial Area Medium Commercial Area Heavy Commercial Area Educational Area Religious Area Public Affairs Area Parks, Recreation & Open Spaces Urban-Forest Zone Light Industrial Area Heavy Industrial Area Service Industrial Area Recreational/Beaches/Tourism/ Potential & Historical Sites Cemetery Fishpond/Mangrove Area Reclamation/Port Development

Area (has)
109.90 44.20 21.90 11.30 118.70 56.00 67.00 8.30 66.10 89.50 293.00 43.00 14.80 259.80 23.00 15.00 58.80 29.60

% Distribution
8.26% 3.32% 1.65% 0.85% 8.93% 4.21% 5.04% 0.62% 4.97% 6.73% 22.03% 3.23% 1.11% 19.54% 1.73% 1.13% 4.42% 2.23%

TOTAL

1,329.90

100%

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Fig. 9.3 Proposed General Land Use Map

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Fig. 9.4 Proposed Urban Land Use Map

COMPARATIVE TABLE FOR EXISTING AND GENERAL LAND USE City of Toledo Comprehensive Land Use Plan (CLUP) Page 224

I. General Land Use Area (In Hectares) 727.20 5,333.00 8,355.00 4,717.50 2,380.00 70.00 45.00 21,627.75

II. Proposed General Land Use Area (In Hectares) 3,216.00 5,073.00 5,935.35 4,717.50 375.00 2,195.00 70.00 45.00 21,627.75 Difference (In Hectares) 2,489.70 -260.00 -2,419.65 -185.00 -

Land Use Category Built-Up Area Forest Land Agricultural Land Mining/Industrial Area Idle/Vacant Land Swamps/mangroves Fishponds Total

Land Use Category Built-up Areas Forest/Timberland Agricultural Mining Area Eco-Tourism Agro-forestry Swamps/mangroves Fishponds Total

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E. Zoning Code, Public Order and Safety, Traffic, Book 3, Chapter 2 of the 2003 Codified Ordinances of the City of Toledo on Zoning The 2002 Zoning Ordinance was approved in the year 2003 specifically under Ordinance No. 2003-5 or otherwise known as an Ordinance Approving the 2002 Zoning Ordinance of the City of Toledo and Its Component Barangays. As a result of the Proposed Comprehensive Land Use Plan prepared by the Technical Working Group and the City Planning & Development Office, there is a corresponding need to amend the 2002 Zoning Ordinance to make it consistent with the proposed land use. Hence, on October 27, 2008, the 7 th Sangguniang Panlungsod of Toledo City approved Ordinance No. 2008-18 titled An Ordinance Amending Chapter 2 of Book 3 of the 2003 Codified Ordinances of the City of Toledo on Zoning. Section 1 of Ordinance No. 2008-18 provides the Modifications/Amendmdents/Additions to Book 3, Chapter 2 of the Zoning Code, Public Order and Safety, Traffic, which specifically are as follows: Sections 1 to 4 No amendments Section 5 Official Urban Zoning Map shall modified as The city hereby adopts the official urban zoning map updated by the City Planning & Development Office/ Technical Working Group as basis of the zoning of this city. Section 6 Enforcement and Administration shall be modified as follows:

ENFORCEMENT The 2008 Zoning Ordinance shall be enforced and administered by the Zoning Officer under the supervision of City Planning and Development Officer; Section 7 shall be modified as follows:

POWER AND DUTIES The City Planning and Development Officer shall supervise the administration and enforcement of the provisions of the 2008 Zoning ordinance, specifically; 1.) To grant or deny with or without conditions, applications for the granting of exception in accordance with the following criteria; a.) The exception is essential to maintain the functional design and architectural integrity of the development; b.) The exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district; c.) The exception will not alter the essential character of the district where the property for which exception is sought is located;

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d.) That the exception will not awaken the general purpose of the regulations herein established for specific district; e.) The exception will be in harmony with the spirit and purpose of the 2008 Zoning Ordinance. f.) The exception will not adversely affect the public health, safety and welfare. 2.) To grant or deny, with or without conditions, applications for the granting variance in accordance with the following criteria: a.) The property be unique and different from other property nearby; b.) Because of the uniqueness, the owners cannot obtain a reasonable return on the property; c.) The hardship is not self created; d.) The proposed variance is the minimum variance necessary to permit a reasonable return on the property; e.) The variance will not alter the essential character of the district where the property is in the same district; f.) The variance will not substantially or permanently injure the appropriate use of the adjacent conforming property in the same district; g.) The variance will not alter the essential character of the district where the property is in the same district; h.) The variance will be in harmony with the spirit of the 2008 Zoning Ordinance. i.) The variance will not adversely affect the public health safety or welfare. 3.) To issue certificate of zoning compliance herein provided. 4.) To serve notice requiring the removal of any use in violation of the 2008 Zoning Ordinance upon the owner, agent, or tenant of the building or land, or upon the architect-builder, contractor, or other persons who commit or assist in any such violation. 5.) Forward to the Office of the City Legal Officer the institution of appropriate actions for any act or acts in violation of the 2008 Zoning Ordinance committed by any person, natural or judicial; 6.) To call-upon the Chief of Police and his authorized agents to assist in the enforcement of the 2008 Zoning Ordinance; 7.) Issue a locational clearance on zoning in collaboration with the Office of the Building Official and the Housing and Land Use Regulatory Board (HLURB) on cases where and when warranted;

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8.) Maintain a record on all zoning and land use verification certificates and nonconforming uses; 9) Conduct investigation on all applications for variances from the 2008 Zoning Ordinance and submit recommendations to the City Mayor and Members of the Sangguniang Panlungsod.

10.)Take any other action authorized by the 2008 Zoning Ordinance to ensure compliance with or prevent violation of its provisions. ZONING OFFICER. POWERS AND DUTIES. For the administration of this Ordinance, a Zoning Officer shall be designated and shall have the following powers and duties, namely: 1) Administer the 2008 Zoning Ordinance in accordance with its literal terms and shall have the power not to permit any construction or any change of use which does not conform to this ordinance. 2) It shall be the duty of the Zoning Officer to examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements of this Ordinance , record and file all applications for permits with accompanying plans and documents and make such reports as the governing body may require. 3) Report to the City Zoning Review Committee regularly every quarter all exceptions and variances granted so that the zoning map can correspondingly updated and also a report on the progress problems encountered in the administration and enforcement of ordinance, making the necessary recommendations therefore. the be and this

4) Make a semestral report to the City Mayor and the Sangguniang Panlungsod on the status of the land uses of the city including the number, nature and character of permits granted and denied, non-conforming uses, variances, exceptions, innovative techniques, special and temporary uses and conditions imposed thereon. Section 8 No amendments Landfill Section 9 Division Into District Other Uses Shall now include: Sanitary

Section 10 District Boundaries Shall be amended to composed of the following blocks: blocks: 1. Residential District:

1. Low Density Residential Area - Block Nos. 12, 13, 14, 15, 16, 17, 18, 20,
27, 28, 29, 40, 71, and areas 100m. from road centerline along National Highways and 50 m. from road centerline along Barangay Roads. Roads.

2. Medium Density Residential Area - Block Nos. 11, 23, 26 & 72

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3. Heavy Density Residential Area - Block Nos. 41, 45, 46, 47, 47-A, 48, 49
2. Commercial Districts:

a. Light Commercial Area - Block Nos. 2A, 19, 22, 31A, 36A, 55, 56, 63,
63A, , 73, 81A, 87, 96A & 96B, 97, 98, 99, 100 & 50 m. both sides along the provincial roads traversing Barangay DAS

b. Medium Commercial Area Block Nos. 7, 8, 9, 10, 24, 25, 42, 43, 62, 64,
65, 66-70, 76, 77, 78, 78-A, 82, 88, 89

c. Heavy Commercial Area Block Nos. 80, 81, 82, 83, 84, 85 , 90, 91, 93,
102-107

d. Public Market Area - Block No. 92 and market areas in Barangays DAS,
Matab-ang, Bato and General Climaco and such other barangays found to be feasible for the construction of a public market. . 3. Institutional Districts:

a. Educational Area - Block Nos. 36 & 37, 38, 39, 44, 79, 83, 96 and
part of ACMDC Compound in Barangay DAS specifically Andres Soriano Memorial College ( ASMC) also in Barangay DAS

b. Religious Area Block Nos. 46A, 60, 61 and part of the Urban Area
in Barangay DAS

c. Public Affair Area Block Nos. 2, 3, 30, 31, 58,86, 84, 95 100A
4. Parks and Open Spaces All blocks numbered 3 and 4 ( city pocket forest parks) Block No. 59, and part of the urban area in barangay DAS and Block No. 108 5. Industrial Districts: a. Heavy Industrial Area Block Nos. 123, 124 and part of the area of ACMDC compound in Barangay DAS

b.
6.

Service Industrial Area Block Nos. 108, 109, 122A, 122B, 122C, 122D, 125 Agricultural Districts - All outlying area numbered 1 (part of barangays Carmen, Ilihan, Canlumampao, Magdugo, Tubod, Ibo, Cabitoonan, Awihao, Bunga, Sto. Nio, Talavera, Matab-ang, Sam-ang, Subayon, Dumlog, Bato, Gen. Climaco, Poog, Media Once) and the rest of the rural barangays. Recreational Beaches/Tourism/Potential and Historical Sites Block Nos. 21 and 3A extended towards Cabitoonan, Lebumfacil-Veloso Park, Spring Park at Brgy. Cabitoonan, World War II Foxhole at Brgy. Ilihan and World War II Guerilla Defense at Brgy. Carmen. Carmen. Tourism Zones in accordance with the City Coastal Resources Management Plan identifying the following areas, namely:

7.

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Barangay Mainggit Arpili River to Felipe Tuldanes residence Barangay Cabitoonan - Juanito Ygay residence to Boundary of Barangay Bato Barangay Talavera edge of Camanchiles river to the house of Engr. Fidelino Tinapay Barangay Bato Aglipay cemetery to boundary of Barangay Tajao The Proposed Toledo Toursim Trail that includes the following: Mt. Apid Mines View Park at Barangay Apid, Cantabaco Garden City Hall at Barangay Ilihan Hinulawan River traversing Barangays Dumlog Malubog Lake Highland Resort at Barangay Gen. Climaco Bagakay Traverse Nature Park at Barangay Bagakay Haulpack- the Atlas Giants at Barangay DAS Cantabaco Rockface at Barangay Cantabaco

Ilihan, Sangi and

8. Barangay Center - Area in the Barangay with 10 or more houses and where the barangay hall is located 9. Agro-Forest Zones All blocks numbered 2 (part of barangays Tubod, Landahan and Poblacion) 10. Socialized Housing Zone Blocks Nos. 5 and 6 11. Mixed Use Zone - Block No. 114 12. Other Uses: a. Reclamation/Port Development Blocks 105A, 106A, 107A, 113 and 114 a.1 North Port Development - On the South East, bounded by the proposed port development road, city boulevard road on the southwest, on the north by the proposed north reclamation road and on the northeast by Luray Creek. ( Blk. No. 115, 116, 117, 118, 119, 120 and 121) a.2 South Port Development - Bounded on the southeast by the port boulevard, on the southwest by cemetery street, on the northwest bounded by the proposed South Boulevard and on the northern by Toledo Wharf Road. (Blk. No. 110, 111 & 112) b. Cemeteries/Memorial Parks Blocks 50, 51,52, 53, 54, 101, 17A and c. Sanitary Landfill at Barangay PutingBato Note: An addition Section 11 Regulation for Low Density Residential District Shall now be defined as follows: Low Density Residential (R1 District) A Low follows: Density Residential Area shall be used principally for dwelling/housing purposes so as to maintain peace and quietness of the area within the residential district 16A

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with a density of twenty (20) dwelling units and below per hectare.(italics mine). In Low Density Residential (R1) Area, no building, structure or land, and no building or structure shall be erected or altered in whole or part, except for the following: Sections 11.1 to 11.7 No amendment 11.1 One-family dwelling; two-family dwellings; churches or similar places of worship, and dwellings for the religious and seminars; nursery and kindergarten schools, provided that they do not exceed two (2) classrooms, and day-care centers; 11.2 Barangay centers, public civic centers, neighborhood and community centers, libraries, police outpost, fire stations, and public utility structures necessary for the service of the area upon approval of the layout plan by the zoning official and subject to such conditions and safeguard as deemed appropriate by the same zoning official; 11.3 Clubhouse, lodges and other social centers, parks, playgrounds, pocket parks, parkways, promenades and play lots and other recreational uses such as tennis courts, swimming pools and similar uses operated by government or private individuals as membership organizations; 11.4 Boarding houses provided that rooming/boarding should be limited to five (5) persons only; plant nurseries and track provided no manure or foul odor or dust providing substance shall be stored; neighborhood convenience stores (sarisari) selling miscellaneous items provided that the consent of the Homeowners Association in the area has been obtained. 11.5 Accessory uses customarily incidental to any of the aforementioned include any activity conducted for monetary gain; (a) servants quarter (b) home laundries (c) houses for pets such as dogs, birds, rabbits and the like of not more than four (4) square meters in floor area (d) pump houses and small power plants and machineries customarily used in connection with churches, schools, museums, parks, playground, community centers, dwelling and their accessory buildings provided that; (a) such power plant and other machineries are so placed as to cause the inconvenience to adjoining residence; (b) they do not cause serious injury or nuisance to occupants through fumes or gases, dust, smoke, noise or vibrations or other similar nuisance; (c) such power plant, if other than electric should be used only in cases of emergency or power failure with a power of not more than one (1) horse power; (d) and provided further, that if the power employed is electric meter and used exclusively or air-conditioning, for power pumps, and for household appliances such as washing machines, refrigerators and the like, any number of horsepower necessarily is allowed. 11.6 Auxiliary uses customarily conducted in dwellings and homes such as offices of physicians, surgeons, dentist, architects, engineers, lawyers and other professionals are members of the family residing in the premises; and provided further, that not more than six (6) semi-professional assistants are employed at

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any time; that in no case shall more than twenty (20%) of the floor area of the building to be used for said professional practice; and 11.7 Advertising signs not exceeding two (2) square feet in size when used to the lease, hire sale of a building or part thereof. Section 12 Regulation for Medium and High Density Residential District Shall now be defined as follows: Medium/High Density Residential (R-II/R-III) follows: Districts A medium density residential area shall be for housing/dwelling purposes of medium density i.e. twenty one (21) to sixty five (65) dwelling units per hectare. A high density residential area shall be for housing/dwelling purposes of high density i.e. sixty-six (66) or more dwelling units per hectare. Sections 12.1 to 12.11 No amendments In Medium/High Density Residential (R-II/R-III) Area, only the following are permitted. 12.1 all uses permitted in R-1 districts. 12.2 residential condominiums of the townhouse type provided that the building should not exceed five (5) storeys in height; apartment houses, (multi-storey apartments, hotel, tenement housing and dormitories and mass housing, provided that the said buildings should not exceed five (5) storeys in height; multi-family dwellings, accessories, boarding houses; 12.3 sanitariums, rest homes, philanthropic or charitable institutions, nursery, kindergarten, elementary and high schools, provided that these will not exceed twenty (20) classrooms; 12.4 offices with no actual display, sale, transfer or handling of office commodities in the premises; 12..5 clinics, family planning clinics/industrial clinics; local civic centers and local auditoriums, halls and exhibition areas; 12.6 customary incidental home or occupation such as barber and beauty shops, tailoring and dress shops, retail drugstores and small-scale cottage industries such as embroidery, sewing, handicrafts, shell crafts, and the like, conducted within a dwelling, provided that (1) a maximum of ten (10) persons are employed; (2) no mechanical equipment is used, except if such is permissible for purely domestic or household purposes; (3) not more than thirty percent (30%) of the floor area of any one floor of the dwelling is devoted to such home occupation does not require internal or external alternations, or involve construction features or use of equipment not customary in dwellings. 12.7 pension houses; apartels; 12.8 carenderias, food stores, canteens, 12.9 shoeshine/shoe repair shops; 12.10 retail of liquor provided they should not be served to minors (below 18 years of age)

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12.11 customary accessory uses and building incidental to any of the above permitted uses. Sections 13 to 54 No amendments Section 55 shall now be read as follows: USE REGULATION OF TOURIST 55 follows: VILLAGES/RECREATIONAL BEACHES: This district shall mainly be for tourist villages / recreational beaches and shall be in accordance with the Coastal Tourism Management of the 10-Year Coastal Resource Management Plan of the City of Toledo to include the following: Guidelines for density requirements: a) The ideal density for each designated tourist village is 19 single units (5m x 5m) per hectare, 11 duplex units per hectare, and 6 larger (4 to 5 bedrooms) units per hectare. b) The construction of cottages or any structure on slopes greater than 18% shall be limited and strictly regulated. c) Cottages and other structures shall only be allowed along the foot or lower slopes with the distance between them at least three times the length of the space each occupies. Guidelines for Setbacks and Buffer Zones: a) A shoreline setback will be established to extend from the high water mark to 30 meters inland. b) Cottages and other structures should at least be 15 meters from the highest water level mark of lagoons and their channels, swamps and mangrove areas. c) Cottages and other structures should at least be 10 meters from the foot of steep hills. d) No activities such as clearing, grading and dredging or mining shall be allowed in these setback and buffer zones without permit from the city. Section 56 shall now be added as Innovative Techniques INNOVATIVE TECHNIQUES. Projects that introduce flexibility and creativity in design or plan such as but not limited to Planned Unit Development, Housing projects covered by the New Town Development under RA 7279, the Zoning Officer shall on grounds of innovative development techniques forward applications to the City Zoning Review Committee for further studies and the Committee on Land Use and Zoning of the Sangguniang Panlungsod for consideration. Innovative techniques such as Planned Unit Development (PUD) areas involve the development of mixed-use large-scale projects on a single tract of land or in a particular compact integrated areas employing creativity, flexibility and economy in land uses. Conventional standards and criteria are liberalized in an area where innovative techniques are employed.

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REQUIREMENTS AND PROCEDURES FOR GRANTING OF PERMITS TO INNOVATIVE TECHNIQUES. Before any projects involving innovative techniques may be permitted, the owner or developer must first submit his plans to the Zoning Officer who will review the zoning viability of the site and discuss with the City Planning and Development Office and other concerned public officials and agencies on the viability of the project. In addition, he may conduct a public hearing on the application, following the procedures prescribed for the conduct of hearings prior to the grant of variances as set forth in Article IX herein. CONDITIONS FOR THE ALLOWANCE OF INNOVATIVE TECHNIQUES. The establishment of projects employing innovative techniques in any area shall be permitted only if the following conditions are complied with: a. It would be economically impracticable to apply the conventional standards of this Ordinance to a particular area or the compliance with such requirements would render it less efficient, less economical in design, space utilization and creativity. b. The owner/developer must submit to the City Council and the Zoning Officer , preliminary and final plans including the project feasibility study for review: b.1 The preliminary plan must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips and rail, water, highway or other transport arrangements, and the relation (in terms of existing and potential economic influence and environmental impact) of the tract of land involved with the surrounding properties; b.2 The final plan must, in addition to the above requirements, describe the noise, odor, smoke, vibrations, dust, noxious gases, glare and heat, fire hazards, industrial wastes and traffic which may be produced by the development. c. The proposed development will not be incompatible with existing and proposed adjacent and surrounding uses, and it should not defeat the purposes and objectives of the development plan and Zoning Ordinance of the City; d. The area of the proposed projects employing innovative techniques shall be a consolidated parcel of land measuring at least two (2) hectares. PERMIT FOR INNOVATIVE TECHNIQUES. a. Initiation Any person who wishes to apply for a permit for innovative techniques shall secure the appropriate form from the City Planning & Development Office provided that the terms and conditions specified in this Article are satisfactorily met.

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b. Procedure for application 1. Together with a vicinity map drawn to the scale of 1:10,000 meters which shows the land use of the adjacent area, approximately 100 meters radius distance from the proposed site, the applicant shall submit the form containing the detailed description of the project. 2. The City Planning and Development Office and the Sangguniang Panlungsod shall evaluate the viability of the proposed project in relation to its environmental impact. 3. The City Development Office and the Sangguniang Panlungsod shall then decide and describe such terms and conditions under which the project may be allowed to locate and operate. Section 57 - shall now be added as Environmental Management PERFORMANCE STANDARDS. The following are the criteria established to control noise, odor, smoke, toxic or noxious matter,vibration,fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings, developments or other constructions without prejudice to existing national laws. Rules and regulations on pollution control, namely; a. NOISE and VIBRATIONS. All noise and vibration-producing machinery shall be enclosed by a building and shall be provided with effective noise-absorbing materials, noise silencers and mufflers, and an open yard of a distance not less than twenty (20) meters from the street or adjoining property lines or property planted to dense trees as buffers. A machinery should be mounted on shockabsorbing mountings, such as cork set on reinforced concrete foundations of a floating isolated foundation set on piles, as needed by the machinery concerned, to reduce all noise and vibration to a reasonable minimum. Noise which is objectionable due to intermittence beat frequency or high pitch shall not be allowed unless enclosed in sound proof buildings as tested and approved by the city officials concerned. b. SMOKE. Any smoke emitted from any source for a period aggregating seven (7) minutes in any thirty minute interval particularly when starting a new fire, shall have a density not greater than No. 2 of the Ringlemann Chart. c. DUST, DIRT AND FLY ASH. The emission of dust, dirt or fly ash from any sources or activity which shall pollute the air and render it unclean, destructive, unhealthful or hazardous, or cause visibility to be impaired, shall not be permitted. In no case whatsoever shall dust, dirt or fly ash be allowed to exceed 0.68 gram per cubic meter of fuel gas at stack temperature at 60 degrees centigrade or to create a haze with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart. d. ODORS AND GASES. The emission of foul odors and gases deleterious to public health, safety and general welfare shall not be permitted. Activities emitting foul odors and obnoxious gases shall be enclosed by airtight buildings provided with air conditioning system, filters, deodorizing and other air cleaning equipment.

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e. GLARE AND HEAT. Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt from any point beyond the limits of the property which shall not create any nuisance or danger to adjoining properties or to the community in general. f. INDUSTRIAL WASTES. Industrial plant wastes shall be disposed of only in a manner which shall not create any nuisance or danger to adjoining properties or to the community in general. g. SEWAGE DISPOSAL. No sewerage dangerous to the public health, safety and general welfare shall be discharged into any public sewer system, natural waterways or drainage channel. In addition to the following requirements, all sewerage shall comply with pertinent requirements of the DENR-EMB, the National Pollution Control Commission and the Local Ordinance. Acidity or alkalinity shall be neutralized to a PH of between 6.5 and 8.5 as daily average to volumetric basis with temporary variations of 5.0 to 0.0 PH. Wastewater shall not contain substances at levels considered toxic to whatever organisms are considered benefited by the receiving waters which maybe by man, fishes or other organisms. Waste waters shall not contain oil and grease in excess of 300 PPM or exceed a daily average of 10 PPM. ENVIRONMENTAL/IMPACT/ASSESSMENT/STATEMENT. Major constructions/development/activities may be required by the City Planning & Development Office or by the local government to submit an Environmental Impact Statement for review by the authorities concerned. The following requirements shall be submitted by the applicants: 1) Detailed description of the proposed development or activity.

2) Detailed description of the physical, biological, social environment within

which the proposed development or activity will be placed. 3) Detailed description of the existing plants, if there is any, which will be affected by the proposed development or activity. 4) Detailed description of probable direct or induced impact of the proposed activity on the physical, biological and social environment. 5) Comparison of impact of alternative actions.

6) Detailed description of the proposed measures that will be provided or to

be incorporated in the project development to ensure the environmental soundness and acceptability of the project. BUFFER STRIPS/EASEMENTS. In the utilization, exploitation, development, conservation and protection of water resources, the following setbacks and/or easements along the entire length of the banks of rivers, creeks, and streams shall be observed: Three (3) meter-setback for all urban use

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Twenty (20) meter-setback for all agricultural uses Forty (40) meter-easement for all forest uses No person shall be allowed to stay in these easement zones longer than what is necessary for space or recreation, navigation, float age, fishing, salvage or to build structures of any kind and other similar activities. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). Notwithstanding the issuance of locational clearance, development permit and building permit, no environmentally critical projects nor projects located in environmentally critical areas as defined by Presidential Proclamation No. 2146 shall be commenced, developed or operated unless the requirements of ECC have been satisfactorily complied with. Section 58 - shall now be added as the Creation of City Zoning Board of Adjustments and Appeals

CREATION OF THE CITY ZONING REVIEW COMMITTEE The Mayor hall designate the members of the City Zoning Review Committee composed of the Chairman of the SP Land Use Committee, City Planning & Development Office, City Health Officer, City Agriculturist, President of the Association of Barangay Captains, City Engineer, PNP Chief of Police, ENRO Officer, Agrarian Reform Officer, District School Supervisor, Three (3) Private Sector Representatives ) and Two (2) NGO Representatives. The City Planning and Development Office shall serve as its Secretariat.The Review Committee shall convene quarterly. FUNCTIONS OF THE CITY ZONING REVIEW COMMITTEE. The City Zoning Review Committee shall have the following powers and functions:

A. Review the zoning ordinance for the following purposes: a1. Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the local development plan. a2. Determine what changes would have to be introduced in the local development plan in the light of permits given exceptions and variances granted. a3. Identify what provisions of the Ordinance have been difficult to enforce or are unworkable. a4. Upon petition for re-zoning a5. Due to introduction of projects of national significance

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a6. Other reasons which are appropriate for consideration B. Recommend to the Sangguniang Panlungsod necessary legislative amendments and to the City Development Council the needed changes in the plan as a result of the review conducted by it. C. Provide information to the Housing and Land Use Regulatory Board that would be useful in the exercise of the functions of the Commission.The Committee shall, in its review and evaluation, enforce this Ordinance to the fullest flexibility in a logical and practical manner whereby it will not be detrimental to the public nor discriminatory in its evaluation of each and every applications for locational clearancesnotwithstanding the provisions set forth in this Ordinance.
Section 59 shall now be added as Creation of the City Zoning Review Committee CREATION OF THE CITY ZONING BOARD OF ADJUSTMENT AND APPEALS The City Mayor shall designate the members of the City Zoning Board of Adjustments and Appeals composed of the following members: City Mayor as Chairman and the City Legal Officer, City Assessor, City Engineer, City Planning and Development Coordinator, Two (2) Private Sector Representatives, and Two (2) NGO Representatives as members. The City Planning and Development Staff shall serve as its Secretariat. Members of the Board may be removed from office for just cause after written charges had been filed and a hearing held for the purpose. The concurring vote of eight (8) members shall be necessary to reverse the order, decision or determination of the City Planning & Development Officer.

1.

POWERS The Zoning Board of Adjustments and Appeals shall, after prior review and recommendation by the City Planning & Development Office have the powers to: a) Hear and decide appealed cases where it is alleged that there is a substantial error in any decision, order or determination made by the City Planning & Development Office in the enforcement of this Ordinance; b) Grant variance and exceptions as provided for in this Ordinance; c) Act on applications for complaints and opposition to applications. 2. PROCEDURE IN THE ZONING BOARD OF ADJUSTMENT AND APPEALS. The Board shall adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

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The Board shall keep a minute of its proceedings showing the vote of each member upon each question raised and keep a record of its official actions, all of which shall constitute a public record. 3. APPEALS. Any person aggrieved by the decision of the City Planning & Development Office regarding the interpretation, administration or enforcement of this Ordinance may appeal to the City Zoning Board of Adjustment and Appeals. Such appeal shall be taken within a reasonable time, but not exceeding sixty (60) days from the receipt of the notice of the decision or action taken by the City Zoning Administrator, by filing with the same and with the Board, a notice of appeal specifying the grounds therefore. The City Planning & Development Officer r shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment and Appeals shall fix the time and place for the hearing of the appeal, give due notice to the parties and decide the same within a reasonable time. Decision of the Board shall be final and executory. 4. LIMITATIONS ON THE POWER AND AUTHORITY OF THE BOARD. The Zoning Board of Adjustments and Appeals is a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or legislate a zoning ordinance. The territorial jurisdiction of the Board shall be limited to the City from which it derives its authority. Decisions of the City Zoning Board of Adjustment and Appeals shall be appealable to the HLURB. Prior to the approval of Ordinance No. 2008-18 , a public hearing was on October 23, 2008 at the Function Hall of the Toledo Travelers Inn, Toledo Commercial Village for the purpose of presenting to the general public the proposed amendments of the 2002 Zoning Ordinance which was attended by different sectors.

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