makati clup annex 1

Amendments to the Makati City Zoning Ordinance of 26

“ANNEX-1”

AMENDMENTS TO THE MAKATI CITY ZONING ORDINANCE Section 1. Article III, Section 6 (6) is hereby deleted and items 7 and 8 are renumbered as 6 and 7 accordingly. Section 2. The phrase “composed of R-2A and R-2B subzones” in Article IV, Section 7 (1) (b) is hereby deleted. Section 3. The phrase “R-3D and R-3E subzones” in Article IV, Section 7 (1) (c) is hereby deleted. Section 4. The word “C-1C” in Article IV, Section 7 (2) (a) is hereby deleted. Section 5. The phrase “C-3E, C-3F, C-3G and C-3H” in Article IV, Section 7 (2) (c) is hereby deleted. Section 6. Article IV, Section 7 is hereby amended to include Planned Unit Development (PUD) and Special Mixed Use Zone (SMU) to read as follows:

Section 7. xxx

“10. Planned Unit Development Zone (PUD) 11. Special Mixed Use Zone (SMU)”

Section 7. Article IV, Section 8 is hereby amended to read as follows: “Section 8: Zoning Map. It is hereby adopted as an integral part of this Ordinance, the Official Zoning Map for Makati City, wherein the designation, location, and boundaries of the zones and subzones herein established are shown and indicated. Such Official Zoning Map shall be signed by the City Mayor and duly authenticated by the HLURB/Sangguniang Panlungsod. The Official Zoning Map has five (5) components:

1. Makati City Zoning Map, As Amended 2. Makati City Commercial Subzone Map, As Amended 3. Makati City Residential Subzone Map, As Amended 4. Makati City Institutional, Government Center, Recreational, Riverside

Development, Open Space, Cemetery, Utility, Planned Unit Development, and Special Mixed Use Zones/Subzones/Land Use Map

5. Amendments to the City Ordinance No. 2000-078”

Section 8. Article V, Section 11 (2) is hereby amended to read as follows:

“2. A Principal Use/s shall be the dominant use/s in a lot. The dominant use of a lot shall be determined as follows: a. In Residential (R-1, R-2, R-3), Commercial (C-1, C-2, C-3, C-4),

Institutional (INS-1, INS-2,) Government Center (GCZ), and Sports Club Recreational (REC-3) zones, the dominant use is the use that occupies the largest building Gross Floor Area in a lot, subject to exceptions stated in herein item b.


b. In lots in REC-1, REC-2, RDZ, OPN and in Residential and Commercial zones/subzones where Park, playground, sports field/court, garden is the only Principal Use allowed, the dominant use is the use that occupies the largest area of the lot.

c. Development on lots with two different zoning classifications shall not

exceed the sum of the maximum allowable GFA of each lot.

Section 9. There is hereby added sentence in Article V, Section 11 (3) to read as follows:

“3. An Accessory Use shall be allowed only with the presence of a Principal Use in the same lot. In no case shall Accessory Use/s occupy more than forty-five (45%) of the Gross Floor Area of the structure located in the same lot including open yard if used for commercial purpose.”

Section 10. Article V, Section 14 is hereby amended to read as follows:

“SECTION 14. Low Density Residential Zone (R-1). An R-1 zone shall be used principally for single detached dwellings with customary ancillary uses, and compatible accessory uses on a neighborhood scale, except in Bel-Air, San Lorenzo and San Miguel Villages where duplexes may be allowed.”

Section 11. There are hereby new items inserted in Article V, Section 14 (1) (b) and (c) to read as follows:

“b. DUPLEX, where it shall be allowed as an additional Principal Use only in Bel-air, San Lorenzo and San Miguel Villages”

c. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its

immediate residential community. These shall be the only Principal Use allowed in the following lots: i. Block 6, Lots 1-7, (LRC) Psd-12510 (Barangay Magallanes) ii. Block 14, Lots 10, 11, 12, 29, 30, 31, (LRC) Psd-12510 (Barangay

Magallanes) iii. Block 20, Lots 6, 7, 8, 23, 24, 25, (LRC) Psd-12510 (Barangay

Magallanes) iv. Block 21, Lots 8, 9, 10, 28, 29, 30, (LRC) Psd-1310 (Barangay

Dasmariñas) v. Block 38, Lots 6, 7, 8, 22, 23, 24, (LRC) Psd-1310 (Barangay

Dasmariñas) vi. Block 24, Lot 16, Psd-39328 (Barangay San Lorenzo) vii. Block 20, Lot 11, (LRC) Psd-5014 (Barangay Urdaneta) viii. Lots 1,2,3, Pcs-00-073-60 (Barangay Bel-Air) ix. Block 14, (LRC) Psd-7933 (Barangay Bel-Air) x. Block 14, (LRC) Psd-9590 (Barangay Forbes Park)”

Section 12. Article V, Section 14 (2) (c) is hereby amended to read as follows: “c. HOME OFFICE (in all R-1 except in Forbes Park), provided that:

i. The amount of traffic generated by the office will not inconvenience or disrupt access to adjacent properties and its vicinity, and National Building Code parking requirements are followed;


ii. No equipment or process shall be used in such office which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, visual or audible interference in any radio, television or other electronic home device or appliance, or causes fluctuation in line voltage of the premises.”

iii. The activity will not alter the physical character of the

area/structure as residential zone.

Section 13. Article V, Section 15 is hereby amended to read as follows:

“SECTION 15. Medium Density Residential Zone (R-2). An R-2 zone shall be used primarily for medium-density housing, with support commercial, service, and institutional uses on a neighborhood or barangay scale.”

Section 14. The sub-item “a. R-2A” under Article V, Section 15 (1) is hereby deleted and items i – xiii under it are relabeled as a – m accordingly. Section 15. Identification of location of lots mentioned in Article V, Section 15(1) (b) is hereby added to read as follows:

b. PARK, PLAYGROUND, SPORTS FIELD/COURT, GARDEN: for use of its immediate residential community. This Principal Use shall be the only Principal Use allowed in the following lots: • Lots 1-E and 1-F, (LRC) Psd-70463 (Barangay Guadalupe Viejo) • Block 2, Psd-8851(Barangay Poblacion) • Block 6, Lots 13, 14, 15, 34, 35, (LRC) Psd-8555 and Lot 36-A

(portion of Lot 36), Block 6, (LRC) Psd-8555 (Barangay Poblacion)

• Lots 2 and 3, (LRC) Pcs-6928 (Barangay Valenzuela) • Block 6, Lot 1, 2, 3, 22, 23, (LRC) Pcs-1514 and Lot 24-B (portion

of Lot 24), Block 6, (LRC) Pcs-1514 (Barangay Valenzuela) • Lot 1, (LRC) Psd-30582

Section 16. Article V, Section 15 (1) (b) and items i-iii pertaining to R-2B are hereby deleted. Section 17. The phrase “a. R-2A” under Article V, Section 15 (2) is hereby deleted and items i – xviii under it are relabeled as a – r accordingly. Section 18. There are hereby added new items under Article V, Section 15 (2) to read as follows: “s. PAWNSHOP/ONE-STOP PAYMENT SHOP” Section 19. Article V, Section 15 (2) (b) and items i-iv pertaining to R-2B are hereby deleted. Section 20. Section 15 (3) of Article V is hereby amended to read as follows: “3. Maximum Building Height: fourteen (14) meters

Exempted from the imposition of height regulations in R-2 zone are church structures, covered courts, utility and other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office.”


Section 21. Article V, Section 15 (4), (5) and (6) are hereby deleted. Section 22. Section 16 of Article V is hereby amended to read as follows:

“SECTION 16. High Density Residential Zone (R-3, composed of subzones R-3A, R-3B, and R-3C). An R-3 zone shall be used primarily for high-density/high-rise dwellings and limited service support activities.

Section 23. Article V, Section 16 (1) (a) (iii) is hereby amended to read as follows:

“iii. OFFICE/EMBASSY, where it shall be allowed as a Principal Use in R-3B only”

Section 24. The phrase “R-3D and R-3E” in Article V, Section 16 (1) (b) is hereby deleted. Section 25. There is hereby added new item in Article V, Section 16 (2)(a) to read as follows:

“ix. CONVENIENCE RETAIL (neighborhood scale only), where total GFA shall not exceed three percent (3%) of the total GFA of the structure.”

Section 26. Article V, Section 16 (2) (c) is hereby deleted. Section 27. Article V, Section 16 (3) (d) and (e) are hereby deleted. Section 28. Article V, Section 16 (4) is hereby deleted. Section 29. Article V, Section 17 is hereby amended to read as follows:

SECTION 17. Low Density Commercial/Mixed Use Zone (C-1, composed of subzones C-1A and C-1B). This zone shall be used primarily for mixed use and commercial developments on a local scale.

Section 30. The phrase “and C1-B” in Article V, Section 17 (1)(a) is hereby deleted. Section 31. Article V, Section 17 (1) (a) (xxvi) is hereby amended to read as follows:

“xxvi. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE”

Section 32. Article V, Section 17 (1) (a) (xxxii) is hereby amended to read as follows:

“xxxii. WELLNESS CENTER”

Section 33. Article V, Section 17 (a) (xxxvi) is hereby deleted and succeeding items are renumbered accordingly. Section 34. Article V, Section 17 (a) (xxxvii) is hereby amended to read as follows: “xxxvi. PAWNSHOP/ONE-STOP PAYMENT SHOP” Section 35 . Article V, Section 17(1)(b) in Article V is hereby re-named as C1-B.


Section 36. Section 17(b)(vii) in Article V is hereby amended to read as follows: “vii. PERSONAL SERVICE/ REPAIR (including dress and tailoring shop)”

Section 37. There are hereby added new items under Article V, Section 17 (1) (b) to read as follows: “xviii. PAWNSHOP/ONE-STOP PAYMENT SHOP

xix. WELLNESS CENTER” Section 38. The last paragraph of Section 17(1)(b) is hereby amended to read as follows:

“Note: The allowable land uses in C-1B subzone shall not be interpreted to include any of the following: girlie bar, disco, beer garden, karaoke bar with GRO, pub house, billiard hall, bowling alley, church and other place of worship, funeral parlor, mortuary, and crematory.”

Section 39. Article V, Section 17 (2)(b) is hereby deleted. Section 40. The phrase “C-1C” in Article V, Section 17 (3) is hereby renamed to “C-1B”. Section 41. The phrase “C-1C” in Article V, Section 17 (4) is hereby renamed to “C-1B”. Section 42. Article V, Section 17 (5) is hereby amended to read as follows:

“4. Conditional C-1A Classification in Guadalupe Viejo Area: The southwest portion of the R-2 zone bounded by C-1A lot (north), Camia Street (east), Gumamela Street (south), and Estrella Street (west) shall be classified as a C-1A subzone subject to the following conditions:

a. Estrella Street is widened by minimum of two lanes (one each

side) from Gumamela Street up to J.P. Rizal Avenue; b. An environmental impact study of the classification of the R-2 lots

into C-1A lots shall be conducted by a reputable consulting firm/s. Such study should include an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues, and the identification of appropriate mitigation measures such as restriction/regulation of lot access from Estrella Street, additional road widening, protection of existing trees, creation of appropriate buffer zones with adjacent residential lots, and specific land use controls; and

c. The results and recommendations of the study shall be used as a

basis for further consultation with affected residents, and the formulation of a master development plan that is acceptable to the affected residents and community and will guide the actual redevelopment of the area.

Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained.”


Section 43. There are hereby added new items in Article V, Section 17 to read as follows:

“5. Conditional C-1A Classification in Barangays Cembo, West Rembo and East Rembo: Lot-deep along Kalayaan Avenue shall be classified as a C-1A subzone subject to the following conditions:

a. Lot shall have a minimum lot size of 300 sqm; b. It shall have a minimum frontage to Kalayaan Avenue of twelve

(12) meters to provide for internal circulation within the lot; and

c. Dropped curb (mountable sidewalk) parking slots that are directly accessed from Kalayaan Ave. without entering an internal driveway shall not be permitted.

Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained.

6. Conditional C-1A Classification in Barangays Singkamas and

Tejeros: Lot-deep along J.P. Rizal Ave. from P. Varona St. on the northeast side and from Pasong–Tirad on the southwest side to Makati-Manila boundary shall be classified as a C-1A subzone if lots shall have a minimum setback of two (2) meters from J.P. Rizal.

Non-compliance with these conditions means that the R-2 zone classification of the affected lots is retained.

7. Conditional C1-B Classification in Urdaneta Village: Lot deep on the southeastern side of Paseo De Roxas and south of Sen. Gil Puyat Avenue from Lot 1 Block 20 LRC Psd-5014 at Potenciana Street up to Lot 9 Block 1 LRC Psd-5014 shall be classified as Conditional C1-B subzone subject to the following conditions:

a. A high perimeter wall fence shall be constructed to physically

segregate it from the R-1 zone; b. Owners of lot/s herein classified as Conditional C1-B shall

provide a 6-meter wide service road from Potenciana Street crossing Cruzada Street up to Senator Gil Puyat Avenue which shall be annotated in their respective titles;

c. No loading and unloading zone shall be allowed along Paseo De Roxas and Gil Puyat Avenues. The property described as (LRC) PCN – 95 shall not be allowed to have entrance and exit along Real Street;

d. Parking and internal circulation must be provided within the property and shall conform with the provisions of the National Building Code; and

e. Observance of applicable laws, ordinance and restrictions.

Non-compliance with these conditions means that the R-1 zone classification of the affected lots is retained.”

Section 44. Article V, Section 18 (2)(a) is hereby amended to read as follows:

“a. C-2A: four (4), provided that, if the owner/s of affected lots within the C-2A subzone provide the right-of-way to allow for the widening of both sides of Chino Roces Avenue by one vehicular lane (at least 3.5 meters wide), then lots within the subzone will be governed by the following:


i. Non-residential: four (4) ii. Residential(Residential/apartment/condotel/

condominium, Hotel): eight (8) iii. Mixed Non-residential and Residential: between four (4) and

eight (8), depending on the space allocated for Residential and Non-residential use. The allowable GFA shall be determined as follows: Compute maximum GFA of Non-residential space on the

basis of FAR 4; Subtract actual GFA of Non-residential space from the

maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Non-residential space should not exceed maximum GFA of Non-residential space);

Apply a one-hundred-percent (100%) increase to the remaining balance to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to Non-residential or Residential use shall be allocated to such uses in proportion to their GFA.

However, the area allocated for the road widening in each lot shall be included in the computation of the maximum FAR of the lot.”

Section 45. The phrase “C-3E, C-3F, C-3G and C-3H” in Article V, Section 19 is hereby deleted. Section 46. The words “C-3E, C-3F, C-3G and C-3H in Article V, Section 19 (1)(b) are hereby deleted. Section 47. Section 19(1)(b)(xxiii) of Article V is hereby amended to read as follows:

“xxiii. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE” Section 48. Section 19(1)(b)(xxviii) of Article V is hereby amended to read as follows:

“xxviii. WELLNESS CENTER”

Section 49. There is hereby inserted item in Section 19(1)(b)(xxxii) of Article V to read as follows: “xxxii. PAWNSHOP/ONE-STOP PAYMENT SHOP” Section 50. Article V, Section 19 (2) (d) is hereby amended to read as follows:

“d. Conditional C-3D:

i. Non-residential: eight (8) ii. Residential (Residential apartment/condotel/

condominium, Hotel): twelve (12) iii. Mixed Non-residential and Residential: between eight (8) and

twelve (12), depending on the space allocated for Residential and Non-residential use. The allowable GFA shall be determined as follows:


Compute maximum GFA of Non-residential space on the basis of FAR 8;

Subtract actual GFA of Non-residential space from the maximum GFA of Non-residential space, leaving a balance for Residential use (Note: actual GFA of Non-residential space should not exceed maximum GFA of Non-residential space);

Multiply the remaining balance by one hundred thirty- three percent (133%) to arrive at the maximum GFA of Residential space. For this purpose, any lobby or other common area or support use not specifically dedicated to Non-residential or Residential use shall be allocated to such uses in proportion to their GFA.

Section 51. Article V, Section 19 (2) (e) (f) (g) and (h) are hereby deleted. Section 52. There are hereby added new items in Article V, Section 19 to read as follows:

“3. Conditional C-3A Classification in Poblacion: Lot 41-A-1-A-5-1-A-2-A-1, (LRC) Psd-7499, Lot 41-A-1-A-1, Psd-6655, Lot C-1, (LRC) Psd-7498 and Lot 42-A, Psd-370 (formerly IS site) subject to the provisions as contained in City Ordinance 2006-046.

4. Conditional C-3B Classification in Pio del Pilar: The corner lots at

Dela Rosa St., Javier St. and Arnaiz Ave. at the western side of Chino Roces Ave. shall be classified as a C-3B subzone subject to the following conditions:

a. A C-3B lot shall have a minimum lot size of 1,200 sq.m. with

frontage along Santillan St.; b. Santillan St. and its laterals are widened by a minimum of 2.5

meters; c. Additional requirements shall be submitted such as

environmental impact study conducted by a reputable consulting firm/s that recommends such classification given an assessment of the impact of the classification on traffic, accessibility, utilities, and other environmental issues;

d. Interior parking must be provided within the property. Only

parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall only be on the side street or along Santillan St ; and

e. A minimum of 2 service parking docks shall be required for

each proposed building. Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained.”

5. Conditional C-3D Classification in Pio del Pilar and San Lorenzo

Area: Lots at both sides of Chino Roces Ave. from Export Bank Drive/Dela Rosa St. to Arnaiz Ave. except conditional C-3B lots shall be classified as a C-3D subzone subject to the following conditions:


a. Minimum lot size of 1,200 sq.m; b. Santillan St. and its laterals are widened by a minimum of 2.5

meters;

c. Lots on west side of Chino Roces shall have frontage along Santillan Street;

d. Additional requirements shall be submitted such as


e. Interior parking must be provided within the property. Only

parking entrance may be allowed along Don Chino Roces Avenue; parking exit shall be along Santillan Street for the west lots, and along the road facing Amorsolo Street for east lots; and

f. A minimum of 2 service parking docks shall be required for

each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained.

6. Conditional C-3D Classification in San Antonio Area: Blocks

bounded by Malugay and Yakal Streets from Ayala Extension to Mayapis Street shall be classified as conditional C3D subject to the following conditions: a. Minimum lot size of 10,000 sq.m;

b. No vehicular entrance and exit shall be allowed to those

property fronting Don Chino Roces Avenue Extension, Ayala Avenue and Mayapis Street;

c. Additional requirements shall be submitted such as


e. Interior parking must be provided within the property; and

f. A minimum of 2 service parking docks shall be required for

each proposed building; Non-compliance with these conditions means that the C-3C subzone classification of the affected lots is retained.”

Section 53. There is hereby inserted item in Section 20(1)(b) to read as follows:

“b. BANK, FINANCE, INSURANCE, MONEY EXCHANGE SERVICE/


PAWNSHOP/ ONE-STOP PAYMENT SHOP’’

Section 54. Article V, Section 20 (2) (a) is hereby amended to read as follows:

“a. C-4A

i. HOTEL, where it shall be allowed as an additional Principal Use only in Lot 1, (LRC) Psd-293128 (Bel-Air);

ii. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT,

where it shall be allowed as an additional Principal Use only in Ayala Avenue/Paseo De Roxas/Makati Avenue rear lots fronting Valero Street [except Lots 1 and 2, (LRC) Pcs-13001].”

Section 55. Article V, Section 20 (2) (b) is hereby amended to read as follows:

“b. C-4B

i. HOTEL, where it shall be allowed as an additional Principal Use only in Lots 2-A-2-A and 2-A-2-B, (LRC) Psd- 215710 and Lots 1 and 2, Pcs-00-007133 (San Lorenzo)

ii. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT,

where it shall be allowed as an additional Principal Use only in Ayala Avenue rear lots fronting Dela Rosa Street.”

Section 56. There is hereby inserted identification of location of lots mentioned in Article V, Section 20(2)(d) to read as follows:

i. RESIDENTIAL CONDOMINIUM/CONDOTEL/APARTMENT, where it shall be allowed as an additional Principal Use only in: Lots 1 and 2, (LRC) Pcs-18131 (Urdaneta); and Lot 4-B-1, Psd-00-034959 (Urdaneta);

ii. HOTEL, where it shall be allowed as an additional Principal Use

only in: Lots 1 and 2, (LRC) Pcs-18131; (Urdaneta); and Lot 4-B-1, Psd-00-034959(Urdaneta);

Section 57. Article V, Section 20 (3) is hereby amended to read as follows:

“3. Principal Uses which shall be the only Principal Use allowed in the following lots:

a. C-4B: MEDICAL CENTER, where it shall be the only Principal Use allowed in Lot 2-A-1-A, (LRC) Psd 30865 (San Lorenzo).

b. C-4E and C-4F:

i. PLACE OF RELIGIOUS WORSHIP, where it shall be the only Principal Use allowed in:

1. Lot 1 Pcs-00-007739 (San Lorenzo); 2. PCN-13-000023 (Bel-Air); 3. Lot 1, Block 13, (LRC) Pcs-8496 (Bel-Air); 4. Lot 9, Block 15, (LRC) Pcs-6820 (Urdaneta); 5. Lots 1,2, 3, and 4, (LRC) Pcs-1282 (Bel-Air)


ii. CULTURAL AND EDUCATIONAL CENTER, where it shall

be the only Principal Use allowed in Lots 1-A and 13, Psd-13-000232 (San Lorenzo).

iii. COLLEGE/UNIVERSITY/EDUCATIONAL RESEARCH

CENTER, where it shall be the only Principal Use allowed in:

1. Lots 1-9 Block 17, (LRC) Pcs-8081 (San Lorenzo); 2. Lot 2 Pcs-00008307 (Bel-Air)

iv. PARKING/PARKING STRUCTURE, PLAYGROUND,

SPORTS FIELD/COURT, GARDEN, UTILITY FACILITY, where it shall be the only Principal Use allowed in the following lots:

1. Lot 1, Psd-007602-029408-D (San Lorenzo) 2. Lot 2, Psd-007602-029408-D (San Lorenzo) 3. Lot 1, (LRC) Psd-209535 (San Lorenzo) 4. Lot 3-A, Psd-13-012797(Bel-Air)

Section 58. Article V, Section 20 (4) (a) is hereby amended to read as follows:

“i. C-4G ii. C-4D:

1. Lots 1-A, (LRC) Psd-69269 (Urdaneta) 2. Lots 2 and 3, (LRC) Psd-26990 (Urdaneta)

Section 59. Article V, Section 20(6) is hereby amended to read as follows:

“a. The total Gross Floor Area occupied by the additional accessory uses are given as follows:

i. In C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C-4G subzones, the total

GFA shall not exceed twenty percent (20%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building.

ii. In C-4H subzone, the total GFA shall not exceed thirty percent

(30%) of the lot area, exclusive of the Gross Floor Area occupied by restaurants, canteens, and food-serving establishments located at and/or above the second floor of a building.”

b. Vehicular/service access required by these additional accessory uses is

limited to Access and Service Roads or, in the absence of frontage to such Access or Service Roads, to Side Streets or Principal Streets as defined in Annex B of the City Ordinance No. 2000-078 Ordinance. In C-4H subzone, vehicular/service access to the additional accessory uses shall be limited to Jupiter Street, Malugay Street and Metropolitan Avenue. Vehicular entrances and exits shall further comply with the provisions of Article VI, Section 35(2) of the Makati City Zoning Ordinance, As Amended.

c. Improvements in parking, pedestrian, service and other facilities for public

use will be required as a condition for the establishment of the accessory


uses listed in Article V, Section 20 (6) in C4 lots. For the purpose of creating a fund for the above-mentioned improvements, a one-time retail permit fee is hereby imposed under the following conditions:

i. The retail permit fee shall be due from and payable by:

(1) every lot owner or building owner who seeks to convert the use of the ground floor or basement of his building to retail use by allowing a new retail store seeking to sell non-food items, or a new restaurant, canteen or other food-serving establishment, to operate in the ground or basement of his building;

(2) every lot owner or building owner who seeks to convert the use of the upper floors of his building from the second floor to retail use by allowing a new retail store seeking to sell non-food items to operate in any of such upper floors; and

(3) every lot owner or building owner who at the time of the

approval of City Ordinance No. 2000-078 has allowed an existing retail store selling non-food items to operate in any of the floors of his building, or who at the time of the approval of the said ordinance has allowed an existing restaurant, canteen or other food-serving establishment to operate in the ground floor or basement of his building.

ii. The retail permit fee shall not be required in connection with the operation of new or existing retail stores, restaurants, canteens and food-serving establishments in Hotels.

iii. The retail permit fee shall be due from and payable by a lot owner

or building owner under sub-clauses (1)(a) and (1)(b) hereof upon the issuance of the occupancy permit for the new retail store or new restaurant, canteen or other food-serving establishment. The retail permit fee shall be due from and payable by a lot owner or building owner under sub-clause (1)(c) hereof upon the renewal in 2001 of the business permit of the retail store, restaurant, canteen or other food-serving establishment, existing at the time of the approval of the this Ordinance. Nothing in this Ordinance shall prohibit a lot owner or building owner from shifting the obligation to pay the retail permit fee required under this Ordinance to the owner or operator of the retail store, restaurant, canteen or other food-serving establishment.

iv. A lot owner or building owner who has paid or who has caused the

payment of the retail permit fee in a given year in accordance with the requirements of City Ordinance No. 2000-078 shall not be liable for the payment of a retail permit fee in subsequent years.

v. Beginning year 2007, the amount of Retail Permit Fee shall be

fixed at P3,000.00 per sq.m. until the next amendments to this ordinance.

vi. Retail permit fees shall be deposited in a special fund which shall

be used solely to finance the improvement of parking, pedestrian, service and other facilities for public use, as may be necessary.


Nothing in this Ordinance shall prohibit a lot owners’ association from requiring the payment of a special assessment from any member who wishes to avail himself of any of the accessory uses allowed under Article V, Section 20(6) of the Makati City Zoning Ordinance and from using these special assessments to fund improvements in parking, pedestrian, service and other facilities for public use as part of the private sector initiative.

d. Existing retail stores or restaurants, canteens or other food-serving

establishments, except for those in Hotels, that exceed the Retail Gross Floor Area limit specified in herein item a, exclusive of restaurants, canteens, or other food-serving establishments located at and/or above the second floor of a building, shall be considered non-conforming uses and shall be subject to the provisions of Section 53 of the zoning ordinance, as amended.

Section 60. Article V, Section 20 (7) (d) is hereby amended to read as follows:

“d. C-4H: six (6), provided that, if an owner of an affected lot within the C-4H subzone provides the right-of-way to allow for:

i. construction of a full width (at least 4 lanes) road connection

between Malugay and Jupiter Streets; and

ii. future widening of Malugay and Jupiter Streets by a minimum of 4.5 meters;

their lots within C-4H subzone will be governed by a maximum FAR of eight (8). However, the area allocated for the road connection and widening in each lot shall be included in the computation of the maximum FAR of the lot; provided that the relevant instrument allocating such area for road connection and widening is annotated on the Certificate of Title for such lot. In the case of the lot/s directly affected by the future connection of Jupiter St. to Malugay St., bonus incentives employing land readjustment scheme shall be made available which shall be determined and recommended by the Makati City Zoning Review Committee (MCZRC) to the City Council for approval.”

Section 61. Article V, Section 22 (2) (f) is hereby deleted and the succeeding items renumbered accordingly. Section 62. There is hereby inserted item in Section 22(2)(g) to read as follows: “f. PAWNSHOP/ONE-STOP PAYMENT SHOP” Section 63. Article V, Section 23 (2) (b) (vii) is hereby amended to read as follows:

“vii. WELLNESS CENTER”

Section 64. Article V, Section 25 (2) (b) (xii) is hereby amended to read as follows:

“xii. COCKTAIL LOUNGE, DISCO, DANCE HALL, VIDEOKE/KARAOKE” Section 65. Article V, Section 25 (2) (b) (xx) is hereby amended to read as follows:

“xx. WELLNESS CENTER”


Section 66. Article V, Section 25 (2) (b) (xxii) is hereby deleted and the rest of the items renumbered accordingly. Section 67. There is hereby inserted item in Article V, Section 25 (2)(b)(xxiii) to read as follows: “xxii. PAWNSHOP/ONE-STOP PAYMENT” Section 68. Article V, Section 28 is hereby deleted. Section 69. There is hereby added new Sections 28 – 29 to read as follows:

“SECTION 28. Planned Unit Development Zone (PUD): This zone shall specifically refer to land development or redevelopment schemes for large lots wherein the project site must have a Master Development Plan that permits flexibility in planning/urban design, building siting, complementary of building types and land uses, usable open spaces for general public use and the preservation of significant natural land features if feasible. 1. The proposed site must be free from any encumbrances and the

development must conform to the objectives of the Comprehensive Land Use Plan.

2. The Master Development Plan of the proposed development

shall be reviewed and submitted by MCZRC to the City Council for approval.

3. The use of individual parcels within the PUD shall be subject to the

Master Development Plan as approved by the City Council.

4. The development should provide for adequate open space and parking areas. The internal circulation system and ingress/egress points with external traffic flow must be well coordinated within the PUD.

5. A buffer zone must be established on the perimeter of the

development where no structures are to be located and adequate landscaping will be established.

6. The Master Development Plan should comply with the rules and

regulations related to National Building Code, Safety Code, and other applicable laws. Likewise, as part of the project approval requirements, there is a need to submit impact studies of the development such as but not limited to EIA, TIA, and UIA.

SECTION 29. Special Mixed Use Zone (SMU): This zone shall specifically refer to planned mixed-use development in Bonifacio Global City. Land use, density restrictions and other regulations in SMU shall conform to the approved Master Development Plan prepared for Bonifacio Global City.”

Section 70. Article VI, Section 29 is renumbered as Section 30 and the numbering of the succeeding sections are adjusted accordingly. Section 71. There are hereby added new items under Article VI, Section 29 of the 2001 Zoning Ordinance to read as follows:


“ Section 30.

xxxx 6. The Clean Air Act, Ecological Solid Waste Management Act

and other applicable laws and regulations promulgated by the national agencies concerned; and

7. The Implementing Rules and Regulations of the Makati City

Zoning Ordinance, As Amended”. Section 72. Article VI, Section 31 is hereby amended to read as follows:

“SECTION 32. Lot Use. Lot use for different zones shall conform to the following regulations: 1. Two or more lots may be used for a single building. 2. Two or more lots may be consolidated into a single lot which may later be

re-subdivided, provided that:

a. In R-1 zone, a lot cannot be subdivided. But two or more lots in this zone may be consolidated into a single lot that the owner may later re-subdivide into their original lot boundaries, as defined in the approved subdivision plan where the lot is located;

b. In R-3 C-3A, C-3B, C-3D and C-4 zones/subzones, lots may be

consolidated and/or subdivided provided none of the lots resulting from subdivision or re-subdivision shall be smaller than the following lot sizes:

i. 1,200 square meters in R-3, C-3B, C-3D, C-4D, C-4A, C-4B,

C-4C, C-4D, and C-4G zone/subzones; and

ii. 800 square meters in C-3A,C-4E, C-4F and C-4H subzones”

Section 73 . Article VI, Section 32 (5) of the 2001 Zoning Ordinance is hereby deleted. Section 74. Article VI, Section 34, first paragraph is hereby amended to read as follows:

“SECTION 35. Parking, Vehicular Entrance and Exit, and Service Entrance Regulations. Except for buildings and structures located in R-3, C-1B, C-3D and C-4 zone/subzone, all buildings and structures must provide for the minimum parking, access street, vehicular entrance and exit, and service entrance requirements specified in the National Building Code and other applicable laws, rules and regulations. Buildings and structures located in R-3, C-1B, C-3D and C-4, must comply with the following requirements:”

Section 75. The phrase R-3D, R-3E, C-3E, C-3F, C-3G, and C-3H in Article VI, Section 34 (1) (b) of the 2001 Zoning Ordinance is hereby deleted. Section 76. The phrase R-3D and R-3E in Article VI, Section 34 (1) (b) (i) of the 2001 Zoning Ordinance is hereby deleted. Section 77. The phrase C-3E, C-3F, C-3G, and C-3H in Article VI, Section 34 (1) (b)


(ii) of the 2001 Zoning Ordinance is hereby deleted. Section 78. Article VI, Section 34 (2) (j), (k), (m) and (n) are hereby amended to read as follows:

“j. In the C-1B subzone bounded by Estrella Street (east), Amapola Street (north), R-1 lots (west), EDSA (south), vehicular access to the lots shall be allowed only from a rear service road, which shall connect to Estrella Street by a maximum of two vehicular driveways between EDSA and Amapola Street.

k. In the C-1B subzone bounded by Nicanor Garcia Street (east), CEM zone

(north and west), Jupiter Street (south), vehicular access shall be limited to an internal service road, with one entrance/exit driveway each from Nicanor Garcia Street and Jupiter Street.

m. In R-1, no vehicular entrances to and exits from lots along EDSA shall be

allowed. n. In R-1, no vehicular entrances to and exits from lots along McKinley Road

shall be allowed except for those that are already existing as of the time that this Ordinance takes effect.”

Section 79. Article VI, Section 35 (1) and (2) are hereby amended to read as follows:

“1. In R-1 zone, no Advertising, Business, or Roof Sign shall be allowed. 2. In R-2 zone, no Roof Sign shall be allowed.”

Section 80. The repeated phrase “underneath the sidewalk” in Article V, Section 35 (3) (b) is hereby deleted. Section 81. The last paragraph of Article VI, Section 36 is hereby amended to read as follows:

“The covered ground-level, elevated, or underground walkway may also be allowed to extend into prescribed setbacks provided that Section 37, (1-5) of the Makati City Zoning Ordinance, As Amended is met, and subject to the specific approval of the Building Official.”

Section 82. Article VI, Section 37 is hereby amended to read as follows:

“SECTION 38. Additional FAR Provisions. Additional FAR beyond the prescribed allowable maximum FAR can be availed through the following development modes:

1. Transfer of Development Rights. The maximum allowable GFA for

any building on a lot may be increased by transfer to such lot (hereinafter referred to as the Development Lot) of GFA that is allowed under Article V of City Ordinance No. 2000-078 but is not used by another lot (hereinafter referred to as the Transfer Lot), provided that:

a. The Development Lot and the Transfer Lot are located in the

same R-3, C-1A, C-2, C-3, C-4 subzone, GCZ or INS zone;

b. The Transfer and Development Lots shall have the same type


(FAR) of density restrictions;

c. The sum of the GFA in the Transfer Lot and the Development Lot does not exceed the sum of the allowable maximum GFA of the two lots, as defined in Article V of City Ordinance No. 2000-078;

d. The maximum GFA available for transfer to a Development Lot

is equal to the difference between the allowable maximum GFA of the Transfer Lot, as defined in Article V of City Ordinance No. 2000-078, and the total GFA of the building/s on the Transfer Lot;

e. The owner/developer of the Development Lot provides

sufficient technical basis, acceptable to the Zoning Administrator, to show that the building/s resulting from the transfer will not cause substantial congestion or inconvenience or disrupt access and delivery of services to adjacent properties and the vicinity. Among others, the proponent of a TDR shall, at its cost, have a Traffic Impact Assessment (TIA) done by a reputable consulting firm/entity acceptable to the City. The TIA shall assess the impact of the TDR on the Development Lot and its vicinity, and identify measures to mitigate any potential adverse impact/s. The City may require other impact assessments to be done by reputable consulting firms/entities acceptable to the City at the cost of the proponent;

f. The proponent of the TDR shall commit to implement and

shoulder the costs of the necessary mitigation measures identified by the TIA and other impact assessments accordingly;

g. In any case, the total FAR at a Development Lot, resulting from

the TDR from a Transfer Lot shall not exceed 125% of its original maximum FAR;

h. A proposed TDR may not be approved or the total GFA

allowed to be transferred may be less than the maximum defined in herein item f if there is insufficient basis, according to the assessment of the Zoning Administrator and based on the above-mentioned impact assessments and/or other related studies, accordingly;

i. Except for the maximum FAR prescribed in Article V of the

City Ordinance No. 2000-078, the building/s resulting from the transfer complies with the land use and all other provisions of the said ordinance;

j. GFA that has been transferred to a Development Lot cannot be

re-transferred except to the original Transfer Lot; and

k. The resulting increase in the total GFA of a Development Lot and the corresponding decrease in the total GFA of a Transfer Lot shall be annotated on the respective titles of the Transfer Lot and the Development Lot within sixty (60) working days


after the TDR has been approved by the Zoning Administrator;

2. Transit-Based Developments. In all commercial zones (C-1, C-2, C-3, C-4), a building or structure that is within 200 meter walking distance from an existing commuter rail station will be allowed to build one (1) FAR higher than the maximum FAR specified in Article V of the City Ordinance No. 2000-078 for the zone/subzone where the building or structure is located, provided that the building owner or developer builds and maintains at his cost, a direct, sheltered pedestrian link from his building to the transit station subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. As determined by the Building Official and in consultation with concerned transit authorities, this link must be of sufficient dimension to accommodate public pedestrian volumes and must be kept open, safe, and well-lighted for the use of the general public at least during a period that extends before and after regular working hours.

3. Bonus Incentives. Bonus incentives which may take the form of

either additional increase in the allowable FAR or other incentives, may be made available to developments that provide facilities and amenities which are of public benefit and deemed desirable, subject to the applicable ordinance and Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended. These amenities shall include, but are not limited to the following:

a. network of green and open spaces, including roof gardens; b. development employing land readjustment scheme c. public art/heritage facilities

Section 83. Article VI, Section 38 is renumbered as Section 39 and is amended to read as follows:

“SECTION 39. Performance Standards. All land uses, developments or constructions shall conform to the noise, vibration, smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes, sewage disposal, storm drainage, pollution control, and other similar environmental standards of the National Building Code, the Clean Air Act, the Ecological Solid Waste Management Act, and other applicable laws, rules and regulations.”

Section 84. There is hereby added new Section under Article VI to read as follows:

“SECTION 41. Special Use Permits. In addition to conforming to the applicable zoning regulations, special use permit or additional locational clearance requirements may be required for each of the following uses subject to the following conditions and existing applicable laws:

1. Telecommunication Facilities

a. Cellular mobile telephone service, paging service, trunking service, wireless local loop service shall be located only within the zone where public utility facilities are allowed;

b. Base stations shall conform to the setback requirements of the

National Building Code and the Department of Health (DOH);


c. A perimeter fence as per specifications in the DOH Radiation Protection Evaluation Report shall be constructed to prevent access of the public to the antenna/tower and other telecommunication facilities;

d. The sound maintenance of such station shall be the exclusive

responsibility of the proponent and/or persons operating them;

e. The proposed location, design, and method of operation of the

facilities will not have a detrimental effect on the privacy, quiet, light and air of the neighborhood;

f. The proponent must comply with MCZBAA Resolution No. B-

04-023 and the Implementing Rules and Regulations of Makati City Zoning Ordinance, As Amended.

2. Crematorium

a. Environmental and site analyses shall be conducted to ensure that the proposed crematorium is consistent with the adjacent land uses and will not pose hazard to the community in general;

b. Proper maintenance of crematorium shall be the sole

responsibility of the proponent operating it;

c. Requirements set by Sanitation and Water Codes must be fully complied with;

d. Proper waste disposal, odor control and other abatement

procedures must be adopted; and

e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.

3. Columbarium

a. Environmental and site analyses shall be conducted to ensure that the proposed columbarium is consistent with the adjacent land uses and will not pose hazard to the community in general;

b. Proper maintenance of columbarium shall be the sole

responsibility of the proponent operating it;

c. Requirements set by Sanitation and Water Codes must be fully complied with;

d. Proper waste disposal, odor control and other abatement

procedures must be adopted;

e. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.


4. Funeral/Memorial Service

a. Proper waste disposal, odor control and other abatement procedures must be adopted;

b. Other sanitary requirements by the City and the DOH shall be

complied with;

c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.

5. Petrol filling station

a. Petrol filling station must conform to the standards set by the Department of Energy;

b. Adequate fire fighting and other safety equipment must be

provided to ensure that it will not pose hazards in the area;

c. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.

6. Surface Parking in R2 zone

a. Surface parking may be allowed as an interim use in R2 zone. This shall not be interpreted to include towing/impounding yards or temporary depository for towed vehicles;

b. Such parking spaces shall be used exclusively by the

occupants of the surrounding developments; c. Public pay parking space may be allowed for certain time of

the day only depending on agreements that may be reached between the proponent/lot owner and the Barangay;

d. Such use shall not create or contribute to traffic congestion

and the streets providing access to such use will be adequate to handle the traffic to be generated;

e. The proponent shall obtain the formal consent of owners of

lands immediately adjacent to the proposed site signifying their conformity to the proposed use;

f. Other appropriate conditions regarding general circulation,

operating time, use of water, and other safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.

7. Auto-repair shop

a. Auto repair shop may be located within R-2, C-1A, C-2, C-3,

and GCZ zones/subzones only, subject to applicable conditions on dominant/accessory use;


b. Such use shall not create or contribute to traffic congestion

and the streets providing access to such use will be adequate to handle the traffic to be generated;

c. Other appropriate conditions and safeguards to minimize

adverse effects on the character of the surrounding area may also be required from the proponent.

8. Machine/Metal/Welding/Junk/Furniture Shop

a. Machine/Metal/Welding/Junk/Furniture Shop may be located within R-2, C-1A, C-2, C-3, INS, and GCZ zones/subzones only, subject to applicable conditions on dominant/accessory use;

b. It shall be allowed to operate on certain time of the day only

depending on agreements that may be reached between the proponent/lot owner and the Barangay;

c. Other appropriate conditions and safeguards to minimize

adverse effects on the character of the surrounding area.

9. Materials Recovery Facility (MRF)

a. Materials recovery facility shall be located within a site duly recommended by the Department of Environmental Services, subject to the applicable laws, ordinance and Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended;

b. Adequate fencing shall be put up to prevent undue scattering

of wastes;

c. The general maintenance of the MRF shall be the sole responsibility of the proponent;

d. Provisions of RA 9003 (Ecological Solid Waste Management

Act of 2000) and other sanitary requirements of the City and the Department of Health (DOH) shall be complied with;

e. Other appropriate conditions and safeguards to minimize

adverse effects on the character of the surrounding area shall be recommended by the Makati City Zoning Board of Adjustments and Appeals and MCZRC subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended.

Section 85. There are hereby added new Sections under Article VIII to read as follows:

“SECTION 45. Environmental Compliance Certificate. Projects within the scope of the Environmental Impact Assessment System, those that are classified as Environmentally Critical Projects or those that are located in Environmentally Critical Areas shall not be commenced, developed, or operated unless the requirements of the Environmental Compliance Certificate have been complied with.


SECTION 46. Additional Studies. Projects in specific areas within but not limited to West Valley zone and areas prone to liquefaction as may be deemed necessary may be required to submit additional studies i.e. Engineering Geological Geophysical Assessment Report (EGGAR), subject to the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended.”

Section 86. Article X, Section 46 is renumbered as Section 50 and is amended to read as follows:

“SECTION 50. Building Permit. No building permit shall be issued by the Makati City Building Official without a valid locational clearance in accordance with this Ordinance. Approved plan/s based on the issued locational clearance shall not be altered or modified without the prior approval of the Office of the Zoning Administrator.” Any person/firm applying for permit for signboards/billboards shall secure a locational clearance from the Office of the Zoning Administrator prior to installation, construction or modification of the same. The Locational Clearance for the same shall be an indispensable requirement in the issuance of other necessary permits and license. Application, installation, construction or modification of billboards and signages shall conform to the Billboard Masterplan to be approved by the City Council.

Section 87. There are hereby added new Sections under Article X to read as follows:

“SECTION 51. Business Permit. Any person or firm applying for a business and license permit shall secure a conforming locational clearance from Office of the Zoning Administrator and/or Certificate of Non-Conformance for non-conforming uses prior to the issuance of business and license permits.”

SECTION 55. Zoning Fees. Any fees related to zoning shall be paid to the City Treasurer by the owners or contractors before any land development, construction, renovation or expansion projects can begin. Fees shall be in accordance with the following schedule:

1. Application Fee/Filing Fee

a. For locational clearance ………………………………………….. Php 200.00b. For inspection of property ……………………………………..... 300.00c. For motion for reconsideration ………………………………..... 1,000.00d. For petition/request for reclassification ………………………. 2,000.00e. For appeal …………………………………………………………… 1,000.00f. For filing complaint except those involving pauper litigant which shall be free of charge ………………………………………... 1,500.00

2. Land Use Fee

a. Residential (single detached and duplex type)……….. PhP 3.00/sqm of total floor area

b. Commercial establishments, including apartments, mass housing, townhouses constructed primarily for gain ……………………………………………………………….

PhP 10.00/sqm of total floor area

c. Industrial establishment …………………………………. PhP 10.00/sqm of total floor area

d. Institutional (schools, hospitals, etc.)………………….. PhP 7.00/sqm of total floor area


e. Memorial parks/Cemeteries……………………………… PhP 4.00/sqm of total floor area

f. Agro-industrial i. Manufacturing…………………………………………….. PhP 10.00/sqm of

total floor area ii. Non-manufacturing …………………………………….. PhP 5.00/sqm of

total floor area h. Special uses (helipad/landing area, gas station, abbatoir, etc.) ………………………………………………..


i. Billboards ……………………………………………………. PhP 10.00/sqm of display surface; PhP 5.00/sqm of total floor area

j. Yards utilized for industrial purposes …………………… PhP 5.00/sqm of total land area

k. Yards utilized for commercial purposes ……………….. PhP 4.00/sqm of total land area

l. Yards utilized for institutional purposes………………… PhP 1.00/sqm of total land area

m. Public parks………………………………………………….


n. Private parks………………………………………………… PhP 5.00/sqm of total land area

o. Recreational facilities………………………………………


p. All types of renovation ……………………………………. 75% of the corresponding prescribed rate

3. Processing Fee ……………………………………………….. 25% of the

corresponding prescribed Land Use Fee 4. Certificate Fee

a. Residential ………………………………………………………… PhP 100.00b. Commercial/Industrial …………………………………………… PhP 400.00c. Institutional ………………………………………………………… PhP 200.00

5. Renewal of Locational Clearance ………………………… PhP 300.00 6. Administrative Penalties - Any applicant, proponent, proprietor,

owner or representative who commits any of the following acts shall after due notice be punished by a fine in accordance with the following schedule:

6.1 Unauthorized expansion or alteration of any activity formerly

covered by a Certificate of Non-Conformance . . . a fine equivalent to 100% of the prescribed processing fee but in no case be less than P2,000.00 nor more than P10,000.00;

6.2 For committing fraud or misrepresentation

6.2.1 Fraud of misrepresentation as to use P 5,000.00 6.2.2 Fraud or misrepresentation as to location P 5,000.00

6.2.3 Non-disclosure or any material fact P 2,000.00

6.3 For refusing admission within any premises subject to


inspection by a duly authorized inspector

6.3.1 First refusal not exceeding P 2,000.00 6.3.2 Subsequent refusal P 5,000.00

6.4 For failing or refusing, without justifiable reason, to appear

during a proceeding before the Office of the Zoning Administrator or her duly authorized officers – A fine of not more than P 2,000.00.

7. Escalation Clause. Upon recommendation of the Office of the

Zoning Administrator, the City Council may increase by not more than fifty percent (50%) and not often than once a year, rates prescribed in the preceding section.”

Section 88. The last paragraph of Article X, Section 48 is hereby deleted. Section 89. The phrase “during the ten-year period specified in Section 48” in Article X, Section 49 is hereby deleted and Section 49 is hereby amended to read as follows:

“SECTION 54. Certificate of Non-Conformance. Subject to the requirements of Section 53 of the Makati City Zoning Ordinance, As Amended, an owner of the structure or operator of the activity shall apply for a Certificate of Non-Conformance within six (6) months from the ratification of this Zoning Ordinance by the HLRB or the Sangguniang Panglunsod, for the purpose of allowing such use to continue. In no case, however, shall a Locational Clearance and/or Certificate of Non-Conformance be granted or issued to legitimize or cure any breach or violation of any condition, restriction, or requirement covering the use of the lot or structure, or of building height or FAR limitation, in either case based on contracts or undertakings entered into between the owner thereof and a third party.”

Section 90. There are hereby added new items under Article X, Section 51 (1) to read as follows: “e. Revoke locational clearance on valid and reasonable grounds;

f. Inspect business premises or activity within reasonable business hours upon application, opposition, complaints or report to determine compliance or violation of the zoning ordinance;

g. Monitor all projects with locational clearance, variances, exceptions,

and special use permits at the time of the adoption of this Ordinance; and

h. Whenever required or deemed necessary, seek technical assistance

and advice from the MCZBAA and/or MCZRC for the evaluation of applications and/or monitoring the compliance of granted applications.”

Section 91. There is hereby added new section under Article X to read as follows:

“SECTION 58. Staffing Pattern of the Office of the Zoning Administrator. Taking into consideration the financial capability and service requirements of the City in the implementation and administration of this Ordinance, the staffing pattern of the Office of the Zoning Administration is proposed as follows, subject


to the minimum standards and guidelines prescribed by the Civil Service Commission:

Position Salary

Grade Step

Assistant Department Head for Zoning Administration

25 1

ZONING ADMINISTRATION DIVISION Zoning Officer V 24 1 Zoning Officer IV 22 1 A. Processing Section Zoning Officer III 18 1 Zoning Officer II 15 1 Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 B. Enforcement Section Zoning Officer III 18 1 Zoning Officer II 15 1 Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 C. Customer Service and Support Section

Zoning Officer III 18 1 Zoning Officer II 15 1 Zoning Officer II 15 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Zoning Officer I 11 1 Computer Operator II 9 1 Computer Operator II 9 1

Section 92. Article X, Section 55 is hereby deleted. Section 93. Article X, Section 61 is renumbered as Section 67 and hereby amended to read as follows:

“SECTION 67. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be punished by a fine not exceeding P5,000.00 or by imprisonment for a period not exceeding six (6) months, or both at the discretion of the Court. If the violation is committed by a firm, corporation, partnership, the managing partners, directors, or any person in


charge of the management thereof shall be held responsible. Professionals who are in charge of a project which is found to be in violation of the Makati City Zoning Ordinance, As Amended and its Implementing Rules and Regulations shall be held liable and the case shall be referred to the Professional Regulations Commission (PRC) for appropriate action. Furthermore, any person or government official if found to have committed any violation of this Ordinance, directly or indirectly, shall be administratively and criminally liable.”

Section 94. Article X, Section 62 is renumbered as Section 68 and hereby amended to read as follows:

“SECTION 68. Effect of Other Laws, Decrees, and Restrictions. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instruction and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of Makati City. Nothing in this Ordinance prohibits or shall be construed as prohibiting the establishment and existence of homeowners' or lot owners' associations, their collection of dues, development charges and other assessments and the performance of powers and functions to be exercised or undertaken by them, to the extent authorized by their charter and by-laws or allowed by restrictions or covenants entered into with home or lot owners (or their respective successors-in-interest) which such associations have a right to enforce.

Section 95. Immediately after the ratification of this ordinance, the Makati City Zoning Board of Adjustments and Appeals and Makati City Zoning Review Committee shall convene for the purpose of preparing the Implementing Rules and Regulations of the Makati City Zoning Ordinance, As Amended which shall serve as guidelines for its effective implementation. Section 96. Some sections in the annexes of the City Ordinance No. 2000-078 regarding Definition of Terms, Zone Boundaries and Summary of Allowed Uses, Maximum FAR are hereby amended and incorporated as Annexes.

makati clup annex 1

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