reviewing, adopting the clup and zo and …old.hlurb.gov.ph/uploads/lgu/book1/s10.pdf · 2. conduct...

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Comprehensive Land Use Planning CLUP STEP 10 10 10 10 10 REVIEWING, ADOPTING AND APPROVING THE CLUP AND ZO This step provides the guide to conducting the mandatory comprehensive review and ratification of the CLUP/ZO by the Sangguniang Panlalawigan (SP), Regional Land Use Committee (RLUC), or the HLURB. PURPOSE To review the plan in terms of its consistency with national, regional and other relevant plans To provide the CLUP/ZO the legal mandate for implementation EXPECTED OUTPUTS Adopted/ atified CLUP/ZO STEPS 1. The LGU, through the SB/SP (Sangguniang Panlungsod), endorse and transmit the final draft of CLUP/ZO, together with the supporting documents for review and subsequent approval to the SP (Sangguniang Panlalawigan)/HLURB. Required Documents for Submission 1. At least 3 copies of the draft Comprehensive Land Use Plan (CLUP) and Zoning Ordinance (ZO) 2. One set of presentation maps 3. Executive Summary of the CLUP (refer to Annex 9-2 of CLUP Step 9) 4. Public Hearing Board’s Certificate of Public Hearing conducted (Refer to CLUP Step 9) 5. Minutes of Public Hearing 6. List of invitees and sector represented 7. Copy of issued invitation letter/Notice of public hearing 8. Copy of Attendance Sheet 134 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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Page 1: REVIEWING, ADOPTING THE CLUP AND ZO AND …old.hlurb.gov.ph/uploads/lgu/book1/S10.pdf · 2. Conduct of review, approval and ratification of the CLUP/ZO by the following authorized

Comprehensive Land Use Planning CLUPSTEP

1010101010REVIEWING, ADOPTING

AND APPROVINGTHE CLUP AND ZO

This step provides the guide to conducting the mandatory comprehensive review andratification of the CLUP/ZO by the Sangguniang Panlalawigan (SP), Regional LandUse Committee (RLUC), or the HLURB.

PURPOSE

To review the plan in terms of its consistency with national, regional and other relevantplansTo provide the CLUP/ZO the legal mandate for implementation

EXPECTED OUTPUTS

Adopted/ atified CLUP/ZO

STEPS

1. The LGU, through the SB/SP (Sangguniang Panlungsod), endorse and transmitthe final draft of CLUP/ZO, together with the supporting documents for reviewand subsequent approval to the SP (Sangguniang Panlalawigan)/HLURB.

Required Documents for Submission

1. At least 3 copies of the draft Comprehensive Land Use Plan (CLUP)and Zoning Ordinance (ZO)

2. One set of presentation maps3. Executive Summary of the CLUP (refer to Annex 9-2 of CLUP Step 9)4. Public Hearing Board’s Certificate of Public Hearing conducted (Refer

to CLUP Step 9)5. Minutes of Public Hearing6. List of invitees and sector represented7. Copy of issued invitation letter/Notice of public hearing8. Copy of Attendance Sheet

134Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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2. Conduct of review, approval and ratification of the CLUP/ZO by the followingauthorized bodies as mandated by law:

The CLUPs/ZOs of component cities and municipalities shall be reviewed by theSangguniang Panlalawigan (SP) through the Provincial Land Use Committee (PLUC).

Composition of the PLUC

Provincial Planning and Development Coordinator (PPDC) – ChairHousing and Land Use Regulatory Board (HLURB)Provincial AgriculturistRepresentatives of Non-Government Organizations (NGOs) that arerepresented in the Provincial Development Council (PDC)Department of Environment and Natural Resources (DENR)Department of Agrarian Reform (DAR)Department of Trade and Industry (DTI)Department of Public Works and Highways (DPWH)Department of Tourism (DOT)Department of Interior and Local Government (DILG)

Note: Other agencies concerned may be invited as necessary, e.g., NCIP, POPCOM, etc.

The CLUPs/ZOs of Highly Urbanized Cities (HUCs) and ndependent ComponentCities (ICCs) shall be reviewed by the Regional Land Use Committee (RLUC).

Composition of the RLUC

National Economic and Development Authority(NEDA) – ChairHousing and Land Use Regulatory Board (HLURB)Housing and Urban Development Coordinating Council (HUDCC)Department of Trade and Industry (DTI)Department of Tourism (DOT)Department of Transportation and Communication (DOTC)Department of Interior and Local Government (DILG)Department of Agriculture (DA)Department of Environment and Natural Resources (DENR)Department of Agrarian Reform (DAR)Department of Public Works and Highways (DPWH)Department of Science and Technology (DOST)Non-Government Organizations

Note: Other agencies concerned may be invited as necessary. e.g., NCIP, POPCOM, etc.

135 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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The CLUPs/ZOs of the cities and municipalities in Metro Manila shall be reviewedby Metro Manila Development Authority (MMDA).

2.1 Conduct of review proper shall be guided as follows:

Refer to Figures 1-3 for the systematic activities in conducting the CLUPreview.

The parameters for review of CLUPs/ZOs per LGU classification areprovided as follows to guide the concerned reviewing bodies:

Annex 10-1, Plan Review, Adoption and Approval Process forComprehensive Land Use Plans of Component Cities and Municipalities(CCMs)

Annex 10-2, Plan Review, Adoption and Approval Process forComprehensive Land Use Plans of Highly-Urbanized Cities (HUCs)and Independent Component Cities (ICCs)

Annex 10-3, Plan Review, Adoption and Approval Process for MetroManila Cities and Municipalities (MMCMs)

2.2. The RLUC/MMDA shall endorse the reviewed CLUPs/ZOs of highly-urbanizedand independent component cities, cities and municipalities of Metro Manila tothe Housing and Land Use Regulatory Board (HLURB) for final review andsubsequent approval.

2.3. The reviewing body returns the CLUP and ZO to the LGU for revision togetherwith the review comments and recommendations or for adoption and enactmentif no revisions were recommended.

3. The LGU revises the plan consistent with the recommendations of the reviewingbody, if any.

At this stage, close coordination between the LGU and the reviewing body isrecommended to facilitate the review and plan adoption process.

4. If no revisions were recommended or upon compliance with the reviewrecomendations, the SP/SB conducts the 3rd and final reading to adopt the CLUPand enact the ZO.

5. SP/SB submits adopted CLUP and enacted ZO to the SP/HLURB for approval/ratification (See flowchart process, Figures 1-3).

136Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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The following documents are to be submitted:

Six (6) copies of adopted CLUP and duly enacted ZO.Three (3) sets of Presentation Maps.SP/SB Resolution adopting the CLUP and enacting the ZO.Documents enumerated in STEP I.

Approval/ratification of CLUP/ZO shall be subject to the provisions of the LocalGovernment Code and supplemental guidelines issued by the DILG.

6. LGU publishes the approved/ratified CLUP and Zoning Ordinance consistent withSection 59 of the Local Government Code (RA 7160).

137 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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Annex 10-1PLAN REVIEW, ADOPTION AND APPROVAL PROCESS FOR

COMPREHENSIVE LAND USE PLANSOF COMPONENT CITIES AND MUNICIPALITIES (CCMS)

NOTE: * Refer to Annex 9-1 of CLUP Step 9 for Sample Executive Summary.

141 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

RESPONSIBLE PARTY

Local Government Units (LGU)- City/Municipality

SangguniangPanlalawigan (SP)

Provincial Land UseCommittee (PLUC)

The PLUC Chairman

ACTIVITIES

1. Mayor transmits to Sangguniang Panlalawigan(SP), one (1) set of presentation maps and at leastthree (3) copies of final draft of ComprehensiveLand Use Plan (CLUP) and Zoning Ordinance (ZO)together with the following documents:

a. Executive Summary of the CLUP*;b. Sangguniang Bayan(SB)/Sangguniang

Panglungsod(SP) Secretary’s Certificate ofPublic Hearing conducted;

c. Minutes of Public Hearing;d. List of Invitees and sector represented;e. Copy of Issued Invitation letter/Notice of

Public Hearing; andf. Copy of Attendance Sheet.

2. Receives plan documents and endorses to PLUCfor review.

3. Receives plan documents and checkscompleteness.

3.1 If incomplete, requests LGU to completedocuments.

3.2 If complete, proceed with activity 4.

4. Reviews CLUP & ZO.

4.1 Schedules review.4.2 Routes copies of plan documents to PLUC

members at least two (2) weeks before theactual review.

4.3 The PLUC Chairman invites otherstakeholders as needed.

4.4 PLUC member confirms attendance to theSecretariat.

4.5 Convenes the members of the PLUC.a. If there is quorum, proceeds with the

review.

b. If there is no quorum, defers review untilquorum is met. A quorum is met whenmajority [50%+1] of the members arepresent.

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RESPONSIBLE PARTY

Local Government Units (LGU)

Provincial Land UseCommittee (PLUC)

Local Government Units (LGU)

Provincial Land UseCommittee (PLUC)

Local Government Units (LGU)

SangguniangPanlalawigan (SP)

ACTIVITIES

4.6 Presents the plan to PLUC.

4.7 Conducts review of CLUP & ZO consistent withthe review parameters hereto attached.

4.8 Committee members present respectivecomments and recommendations.

4.9 Prepares report/recommendations.

4.9.1 If with revision, transmits documentsto LGU.

4.9.2 If no revision, proceeds with activity 7

5. Revises the draft CLUP and ZO integrating therecommendations of PLUC. (LGU may coordinate/consult with PLUC). Proceeds with activity 6.

6. Checks if comments/recommendations wereincorporated in the CLUP and ZO and endorsesto Sangguniang Bayan (SB)/SangguniangPanlungsod (SP) for adoption & enactment.

7. Endorses CLUP and ZO to LGU for adoption andenactment.

8. SB/SP adopts CLUP and enacts ZO.

9. Submits to Sangguniang Panlalawigan, five (5)copies of CLUP and ZO together with the followingdocuments:

a. Three (3) sets of Presentation Maps;b. SB/SP Resolution adopting the CLUP and

enacting the ZO; andc. Documents a to f in step 1.

10. Receives documents. Conducts cursory reviewand endorses the CLUP and ZO for approval.(Coordinates with LGU, if further changes haveto be made).

11. Approves CLUP and ZO.

12. Authenticates CLUP, ZO and other plandocuments.

13. Retains 1 set of plan documents for PPDO.

14. Furnishes the following with copies of plandocuments, presentation maps and

142Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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PARAMETERS FOR THE REVIEW OF CLUPs OFCOMPONENT CITIES AND MUNICIPALITIES (CCMs)

RESPONSIBLE PARTY

Local Government Units (LGU)

ACTIVITIES

Sangguniang Panlalawigan Resolution approvingthe plan:

- HLURB-RFO (1 set) - LGU (remaining copies)

15. Complies with publication requirement per Sec.59 of Local Government Code (R.A. 7160).

1. ProvincialPlanning andDevelopmentCoordinator(PPDC)

2. ProvincialAgriculturist(PA)

3. Non-GovernmentOrganization(NGO)

4. Housing andLand UseRegulatoryBoard(HLURB)

1.a If the province has a provincial plan, checks if local planconforms or is in harmony with the provincial plan.

1.b If the province has no provincial plan, checks if planconforms with development thrust of the province and doesnot conflict with the land use plans or development thrust ofother adjacent municipalities.

2.a Checks if irrigated and irrigable lands are identified, delineatedand quantified per RA 8435.

2.b Determines if areas identified for urban expansion are outsidethe identified Network of Protected Areas for Agricultural andAgro-Industrial Development (NPAAAD) and StrategicAgriculture and Fisheries Development Zones (SAFDZ).

2.c Checks if the fishponds (if any) are identified, delineated andquantified.

3.a Checks whether the plan increases the access of the under-privileged and other basic sectors to socio-economicopportunities.

3.b Evaluates how development strategies, programs and projectswill affect the basic sectors.

3.c Evaluates the CLUP vis-à-vis laws and regulations affectinghuman rights, gender, and other sectoral concerns.

4.a Checks whether LGU clearly identified its functional role andwhether the proposed land use plan and development strategiesare consistent with its vision.

4.b Evaluates if the plan is in harmony with the land use plans ofadjacent cities and municipalities.

4.c If the province has no provincial plan, evaluates the city/municipal plan in accordance with the development policies ofthe Province.

4.d Evaluates if the land requirements for basic services andfacilities are identified, quantified and properly delineated.

4.e Evaluates if the location of different land uses are suitable,

143 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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5. Department ofEnvironmentand NaturalResources(DENR)

6. Department ofAgrarianReform(DAR)

7. Department ofTrade andIndustry(DTI)

properly allocated, and delineated.4.f Evaluates if proposed socio-cultural and other infra. support

facilities are adequate and supportive to the city’s functionalrole and development thrust.

4.g Checks if sites for socialized housing are identified pursuantto R.A. 7279 (Urban Development and Housing Act of 1992).

4.h Checks if the identified programs/projects are responsive tothe LGU’s needs, properly prioritized and incorporated in theLDIP.

4.i Checks whether the land use plan is translated into the requisiteZoning Ordinance with clear Zone Boundaries.

4.j Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

5.a Checks whether present and proposed settlement sites arefree from legal and environmental constraints.

5.b Checks whether there are inconsistencies between areasproposed for development and areas for protection.

5.c Checks if there are sites identified for disposal and projectsfor management of solid and other hazardous waste withinthe city.

5.d Checks the consistency of the City/Municipal Solid WasteManagement Plan with the CLUP.

5.e Checks if the plan promotes the enhancement of theenvironmental quality through local initiatives to control water,air and land pollution.

5.f Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

6.a Checks/evaluates if there are any lands identified forreclassification and/or conversion that are tenanted or coveredby notice of coverage/acquisition and are within the coverageof CARP and if these lands are delineated and quantified.

6.b Determines if there are tenants/beneficiaries which need to becompensated.

6.c Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

7.a If applicable, checks if the sites jointly identified by DTI andLGU as Regional Agro-Industrial Centers (RAICs), District Agro-Industrial Centers (DAICs)/ Countryside Agro-Industrial Centers(CAICs) /Provincial Industrial Centers (PICs)/Peoples IndustrialEstates (PIEs), etc. are delineated, considered and quantifiedin the plan.

7.b If applicable, checks if Special Economic Zones identified byPEZA are delineated and quantified in the plan.

7.c Evaluates if the proposed industrial sites are feasible andsuitable for industrial development per DTI standards.

7.d Checks if the requisite utilities and facilities are adequate foridentified industries in the area.

7.e Evaluates the CLUP vis-à-vis approved agency related policies/

144Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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8. Department ofPublic Worksand Highways(DPWH)

9. Department ofTourism(DOT)

10. Department ofInterior andLocalGovernment(DILG)

plans/programs.

8.a Checks/evaluates if the proposed road network and other infrastructure facilities and utilities are adequate to supportthe various land uses and are consistent with regional andnational sectoral plans.

8.b Evaluates if the CLUP has integrated DPWH plans andprograms for implementation within the planning period.

8.c Determines if mitigating measures for flooding and appropriatedisaster prevention programs are identified.

8.d Checks if the proposed Traffic Management Program (TMP)has linkage with the TMPs of adjacent cities and municipalities.

8.e Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

9.a Checks if potential tourism sites are identified and consideredin the plan.

9.b Checks if the sites identified for local tourism development issupportive of the Regional Tourism Master Plan.

9.c Determines if there are adequate utilities/facilities to supporttourism activities needed to sustain projected number oftourists.

10.a Checks if the proposed projects/programs are the actualtranslation of the LGUs needs and requirements as identifiedin the socio-economic and infrastructure sector and if theseare prioritized.

10.b Checks if the implementing mechanisms are adequatelyprovided.

10.c Checks the adequacy/sufficiency of the proposed organizationalstructure for CLUP/ZO implementation.

10.d Evaluates the sources of funds for identified programs andprojects.

10.e Checks if the proposed implementing and monitoring schemesare consistent with the Local Government Code.

10.f Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

145 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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146Step 10. Reviewing, Adopting and Approving the CLUP and ZO

Annex 10-2PLAN REVIEW, ADOPTION AND APPROVAL PROCESS FOR

COMPREHENSIVE LAND USE PLANS OF HIGHLY-URBANIZED CITIES (HUCS)AND INDEPENDENT COMPONENT CITIES (ICCS)

NOTE: * Refer to Annex 9-1 of CLUP Step 9 for Sample Executive Summary.

RESPONSIBLE PARTY

Local Government Unit (LGU)

Housing and Land UseRegulatory Board (HLURB)

RLUC

RLUC Chairman

ACTIVITIES

1. City Mayor transmits to the Housing and LandUse Regulatory Board - Regional Field Office(HLURB-RFO), one (1) set of presentation mapsand at least three (3) copies of final draft ofComprehensive Land Use Plan (CLUP) & ZoningOrdinance (ZO) together with the followingdocuments:a. Executive Summary of the CLUP*;b. Sangguniang Panlungsod (SP) Secretary’s

Certificate of Public Hearing conducted;c. Minutes of Public Hearing;d. List of Invitees and sector represented;e. Copy of Issued Invitation letter/Notice of Public

Hearing; andf. Copy of Attendance Sheet.

2. RFO receives plan documents and checkscompleteness.

2.1. If incomplete, requests LGU to completedocuments.

2.2. If complete, proceeds with activity 3.

3. RFO transmits documents to RLUC copyfurnished FOSG for review.

4. FOSG reviews the plan, prepares report/recommendations and transmits the same toRFO.

5. RFO transmits HLURB report to RLUC.

6. Reviews CLUP and ZO.

a. Schedules review.b. Routes copies of plan documents to members

at least two (2) weeks before the actual review.c. Invites other stakeholders as needed.

6.1. Convenes the members of the RLUC.

a. If there is quorum, proceed with thereview.

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RESPONSIBLE PARTY

Local Government Unit (LGU)

RLUC

Local Government Unit (LGU)

RLUC

Local Government Unit (LGU)

Housing and Land UseRegulatory Board (HLURB)Central Office

ACTIVITIES

b. If there is no quorum, defers review untilquorum is met. A quorum is met whenmajority [50%+1] of the members arepresent.

6.2 Presents the plan to RLUC.

6.3 Conducts review of CLUP and ZO consistentwith the review parameters heretoattached.

a. Committee members present respectivecomments and recommendations.

b. Prepares report/recommendations.‘

b.1. If with revision, transmits documents toLGU.

b.2. If no revision, proceeds with activity 9.

7. Revises the draft CLUP and ZO integrating therecommendations of RLUC (LGU maycoordinate with RLUC). Transmits documents toRLUC.

8. Checks if comments /recommendations wereincorporated in the CLUP and ZO.

9. Endorses CLUP and ZO to LGU for adoption andenactment.

10. SP adopts CLUP and enacts ZO.

11. Submits to HLURB Central Office (FOSG), six (6)copies of CLUP and ZO together with thefollowing documents.

a. Three (3) sets of presentation maps;b. SP Resolution adopting the CLUP and

enacting the ZO; andc. Documents a to f in step 1.

12. FOSG receives documents. Conducts cursoryreview (coordinates with LGU, if necessary),recommends CLUP and ZO for Board approvaland requests presence of HLURB Regional Officerduring the Board Meeting.

13. Subjects the plan for Board deliberation andratification.

147 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

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148Step 10. Reviewing, Adopting and Approving the CLUP and ZO

PARAMETERS FOR THE REVIEW OF CLUPs OF HIGHLY-URBANIZED CITIES (HUCs)AND INDEPENDENT COMPONENT CITIES (ICCs)

RESPONSIBLE PARTY

Local Government Unit (LGU)

ACTIVITIES

a. City Mayor or his duly authorizedrepresentative presents the plan.

b. BOARD approves/ratifies CLUP and ZO.

14.Authenticates CLUP, ZO and other plandocuments.

15. Retains 1 set of plan documents with one (1) setof presentation maps.

16.Furnishes the following with copies of plandocuments and Board Resolution approving theplan:

- HLURB-RFO (1 set of plan docs.) with 1 set of presentation maps- LGU (remaining copies).

17. Complies with publication requirement per Sec.59 of Local Government Code (R.A. 7160).

1. NationalEconomic andDevelopmentAuthority(NEDA)

2. Housing andLand UseRegulatoryBoard(HLURB)

1.a Checks if the CLUP/ZO is consistent with the PPFP, RPFPand other national/regional policies set by NLUC/RLUC.

1.b Checks if the CLUP/ZO does not conflict with the land useplans or development thrust of adjacent cities and municipalities.

1.c Evaluates the CLUP vis-à-vis approved agency relatedpolicies/plans/programs.

2.a Checks whether LGU clearly identified its functional role andwhether the proposed land use plan and development strategiesare consistent with its vision.

2.b Evaluates if the city plan is in harmony with the land use plansof adjacent cities and municipalities.

2.c Evaluates if the land requirements for basic services and facilityare identified, quantified and properly delineated.

2.d Evaluates if proposed socio-cultural and other infrastructuresupport facilities are adequate and supportive to the city’sfunctional role and development thrust.

2.e Checks if sites for socialized housing are identified pursuant toR.A. 7279 (Urban Development and Housing Act of 1992).

2.f Checks if the locality has responsive programs and projects tosolve the squatting problems, if any.

2.g Checks if the identified programs/projects are responsive tothe LGU’s needs, properly prioritized and incorporated in the

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149 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

3. Department ofTrade andIndustry(DTI)

4. Department ofTourism (DOT)

5. DepartmentTransport-ation andCommuni-cation(DOTC)

6. Departmentof Interiorand LocalGovernment(DILG)

LDIP.2.h Checks whether the land use plan is translated into the requisite

Zoning Ordinance with clear zone boundaries.2.i Evaluates the CLUP vis-à-vis approved agency related policies/

plans/programs.

3.a If applicable, checks if the sites jointly identified by DTI andLGU as Regional Agro-Industrial Centers (RAICs), District Agro-Industrial Centers (DAICs)/Countryside Agro-Industrial Centers(CAICs)/Provincial Industrial Centers (PICs)/ Peoples IndustrialEstates (PIEs), etc. are delineated, considered and quantifiedin the plan.

3.b If applicable, checks if Special Economic Zones identified byPEZA are delineated and quantified in the plan.

3.c Evaluates if the proposed industrial sites are feasible andsuitable for industrial development per DTI standards.

3.d Checks if the requisite utilities and facilities are adequate foridentified industries in the area.

3.e Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

4.a Checks if potential tourism sites are identified and consideredin the plan.

4.b Checks if the sites identified for local tourism development issupportive of the Regional Tourism Master Plan.

4.c Determines if there are adequate utilities/facilities to supporttourism activities needed to sustain projected number of tourists.

4.d If the locality has identified priority sites for tourism development,reviews the local tourism plan prepared by private groups (local/international) and other government agencies.

5.a Checks if the proposed transportation and communicationfacilities and utilities are adequate to support the current andfuture requirements of the locality.

5.b If applicable, furnishes LGU a list of projects within the city thatare programmed for implementation by DOTC which are notidentified in the plan.

5.c Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

6.a Checks if the proposed projects/programs are the actualtranslation of the LGUs needs and requirements as identifiedin the socio-economic and infrastructure sector and if theseare prioritized.

6.b Checks if the implementation plan is consistent with therequirements of the new Local Government Code.

6.c Checks the adequacy/sufficiency of the proposed organizationalstructure for CLUP/ZO implementation.

6.d Evaluates the sources of funds for identified programs andprojects.

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7. Department ofAgriculture(DA)

8. Department ofEnvironmentand NaturalResources(DENR)

9. Department ofAgrarianReform(DAR)

10. Department ofPublic Worksand Highways(DPWH)

6.e Checks if the proposed implementing and monitoringschemes are consistent with the Local Government Code.

6.f Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

7.a If applicable, checks if irrigated and irrigable lands are identified,delineated and quantified per RA 8435 and checks if areasidentified for expansion of urban uses are outside the coverageof the Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) and Strategic Agriculturaland Fisheries Development Zone (SAFDZs).

7.b If applicable, evaluates if the areas identified for reclassificationare not or have ceased to be economically feasible foragricultural purposes.

7.c Evaluates CLUP vis-à-vis approved agency related policies/plans /programs.

8.a Checks whether present and proposed settlement sites arefree from legal and environmental constraints.

8.b Checks whether there are inconsistencies between areasproposed for development and areas for protection.

8.c Checks if there are sites identified for disposal and projects formanagement of solid and other hazardous waste within thecity.

8.d Checks the consistency of the City Solid Waste ManagementPlan with the CLUP.

8.e Checks if the plan promotes the enhancement of theenvironmental quality through local initiatives to control water,air and land pollution.

8.f Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

9.a Checks/evaluates if there are any lands identified forreclassification and/or conversion that are tenanted or coveredby notice of coverage/acquisition and are within the coverageof CARP and if these lands are delineated and quantified.

9.b Determines if there are tenants/ beneficiaries which need tobe compensated.

9.c Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

10.a Checks/evaluates if the proposed road network and otherinfrastructure facilities and utilities are adequate to support thevarious land uses and are consistent with regional and nationalsectoral plans.

10.b Evaluates if the CLUP has integrated DPWH plans andprograms for implementation within the planning period.10.cDetermines if mitigating measures for flooding and appropriatedisaster prevention programs are identified.

10.d Checks if the proposed Traffic Management Program (TMP)has linkage with the TMPs of adjacent cities and municipalities.

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11. Department ofScience andTechnology(DOST)

12. Non-GovernmentOrganization(NGO)

10.e Evaluates the CLUP vis-à-vis approved agency related policies/plans/programs.

11.a If applicable, furnishes LGU list of projects/studies/researchesuseful for land use within the city that are programmed forimplementation by DOST but not identified in the plan.

11.b Checks or recommends whether there are availabletechnologies for the development of low cost housing materialsin the locality.

11.c Checks or recommends the suitability of technology identifiedin the proposed projects.

11.d Checks whether there are indigenous technology worthy ofdevelopment which can be adopted, innovated or improved.

11.e Evaluates the CLUP vis- à- vis approved agency related policies/plans/programs

12.a. Checks whether the plan increases the access of the under-privileged and other basic sectors to socio-economicopportunities.

12.b. Evaluates how development strategies, programs and projectswill affect the different sectors.

12.c. Evaluates the CLUP vis-à-vis laws & regulations affectinghuman rights, gender and other sectoral concerns.

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Annex 10-3PLAN REVIEW, ADOPTION AND APPROVAL PROCESS

FOR METRO MANILA CITIES AND MUNICIPALITIES (MMCMS)

RESPONSIBLE PARTY

Local Government Unit (LGU)

Local Government Unit (LGU)

Metro Manila DevelopmentAuthority (MMDA)

Metro Manila DevelopmentAuthority (MMDA) andHousing and Land UseRegulatory Board (HLURB)

Local Government Unit (LGU)

ACTIVITIES

Important: Step 1 below shall only take place after thefollowing activities had already been undertaken:

Plan formulation (in consultation with HLURB,MMDA and PRRC, among others)Passed SB/SP 1st and 2nd readings.Required Public hearing conducted.

1. SP/SB transmits to the MMDA planning office(OAGMP), one set of presentation maps and atleast 2 copies of draft of Comprehensive Land UsePlan (CLUP) and Zoning Ordinance (ZO) togetherwith the following documents:a. Executive Summary of the CLUP*;b. Sangguniang Panlungsod/Bayan (SP/SB)

Secretary’s Certificate of Public Hearingconducted;

c. Minutes of Public Hearing;d. List of invitees and sector represented;e. Copy of issued Invitation letter/Notice of public

hearing; andf. Copy of Attendance Sheet

2. Office of the Assistant General Manager forPlanning (OAGMP) receives and checkscompleteness of plan documents.

a. If the documents are incomplete, requestsLGU to complete documents.

b. If the documents are complete, schedules finaltechnical review and invites LGU to presentthe plan.

3. Conduct joint technical review and prepare report/recommendation.

a. If without revision, requests LGU to adoptCLUP and enact ZO. Proceed to activity 7.

b. If with revision, proceed to activity 4.

4. Revises the draft CLUP and ZO integrating therecommendations of joint tech. review group. Ifnecessary, conducts public hearing amongstakeholders affected by the revisions, incorporatecritical comments in the revision.

5. Transmits the documents to MMDA-OAGMP.

NOTE: * Refer to Annex 9-1 of CLUP Step 9 for Sample Executive Summary.

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RESPONSIBLE PARTY

Metro Manila DevelopmentAuthority (MMDA)

Local Government Unit (LGU)

Metro Manila DevelopmentAuthority (MMDA)

Metro Manila Commission

Housing and Land UseRegulatory Board (HLURB)

Local Government Unit (LGU)

ACTIVITIES

6. OAGMP receives documents and checks if thecomments/recommendations were incorporatedin the CLUP and ZO.

7. Endorses CLUP and ZO to LGU for adoptionand enactment.

8. SP/SB conducts 3rd / final reading. Adopts CLUPand enacts Zoning Ordinance.

9. Endorses the plan and submits to MMDA-AGMPfour (4) copies of CLUP & ZO together with thefollowing documents:

a. Three (3) sets of presentation maps.b. SP/SB Resolution adopting the CLUP and

enacting ZO; andc. Documents a to f in step 1.

10. OAGMP checks completeness of documents.11. Transmits plan docs. to Metro Manila Council

(MMC). (Invites the LGU to present the plan, ifnecessary).

12. MMC Passes resolution endorsing the CLUP andZO to HLURB for approval/ratification.

13.FOSG receives documents. Conducts cursoryreview (coordinates with LGU, if necessary),recommends CLUP & ZO for Board approval/ratification.

- Mayor or his/her authorized representativepresents the plan.

14.Board approves/ratifies the CLUP and ZO.15.Authenticates plan documents.16.Furnishes the following agencies/offices copies

of plan documents with copy of Board resolutionapproving the plan:

- (1 set) HLURB library for safekeeping/reference;

- (1 set) MMDA; and- (2 sets) LGU

17.Keeps 2 sets of plan documents.

- 1 set for Mayor’s Office- 1 set for M/CPDC

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NOTE: In view of the ninety-day reglamentary period, the MMDA shall indorse to theHLURB Board, through the FOSG, plans for approval within sixty (60) from the date ofsubmission of plan documents.

PARAMETERS FOR THE REVIEW OFMETRO MANILA CITIES AND MUNICIPALITIES’COMPREHENSIVE LAND USE PLANS (CLUPs)

AND ZONING ORDINANCES (ZOs)

RESPONSIBLE PARTY ACTIVITIES

18. Complies with publication requirement under Sec.59 of the Local Government Code (RA 7160).

RESPONSIBLE PARTY

MMDA - OAGMP

ACTIVITIES

1. Checks if local plan conforms with the MetroManila Physical Development Framework Plan(1996 - 2016) or other approved national orregional plans.

a. Evaluates if the plan adequately defines therole of the city/municipality in relation to metromanila development framework orspecialization of the locality vis-à-vis othercities/municipalities in MMA.

b. Evaluates if the plan adequately defines thelocality’s interrelationship with the adjoiningcities/municipalities.

c. Determines if the proposed developmentstrategy is responsive to the needs of theresidents and its defined development role andothers availing of locality’s services/facilities.

d. Evaluates the infrastructure and utilitiessolid waste disposal, traffic situation, drainageand sewerage, flooding; social services andeconomic structure.

e. For MMA LGUs along Pasig River, check ifthe following policies covering the adoption ofa uniform easement provision along the Pasigriver system including its major and minortributaries, as provided in MMDA Resolutionno.3, are complied with/integrated in theCLUP/ZO:

Establishment of a continuous 10-meterEnvironmental Preservation Area (EPA),

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RESPONSIBLE PARTY ACTIVITIES

determined from the existing bank of theriver, along both banks of the 27-km stretchof Pasig River, from Manila Bay to LagunaLake, including the major tributaries ofMarikina River and San Juan River anddeveloping the same into linear parks,roads, walkways, or greenbelts, conduciveto transport, recreation and tourism.Establishment of a 3-meter easementalong secondary tributaries, creeks andesteros of the Pasig River.Construction of permanent structures arenot allowed within the 10-meter EPA forpocket parks, linear parks, plazas,viewpoints, pedestrian promenades, bikelanes, play lots, open air sports facilities(basketball courts, tennis courts),reflexology areas, urban agriculture, plantnurseries and wastewater gardens.Construction of the following structures areallowed but shall be subject to PRRCguidelines: ferry stations; sewagetreatment plants; emergency call boxes orstations; security stations or coast guardstations; public toilets, pergolas, gazebos,trellises; tourist information facilities, shopsand snack bars, ambulant carts,newsstands; benches; drinking fountains;public art; plant boxes; parking; existingroads and underground power/cablelines.The following activities/uses are strictly notallowed along the easement: residentialuses; service facilities; storage uses;pollutive activities; solid waste transferstations; and land fills.Immediate adjacent developments are toface the Pasig River and provide amaximum view of the river throughprovision of a maximum height of 1.80meters. Materials are to be made ofwooden lattice, grill, or interlink wirematerials. CHB walls are allowed subjectto a maximum height of 0.60 m, incombination to the above materials.Maintenance of architectural and visualqualities of existing historic buildings andstreetscapes through preservation andadaptive re-use of historically and culturally

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RESPONSIBLE PARTY

Housing and Land UseRegulatory Board (HLURB)

ACTIVITIES

f. For MMA LGUs along Pasig river, checks ifproposed development plans and guidelinesfor the rehabilitation and improvement alongthe 500 meters from the banks, for the entirelength of the Pasig river, conform to the goalsand objectives, land uses and developmentstrategies of the approved Pasig RiverRehabilitation Master Plan (PRRMP).

2. Validates the following:

a. If local plan conforms or is in harmony withthe Local Government Code and the MetroManila Physical Development Framework plan(1996 - 2016) or conforms to othernational standards, guidelines and relevantlaws.

b. If the plan adequately defines the role of thecity/municipality in relation to metro maniladevelopment framework or specialization ofthe locality vis-a-vis other cities/municipalitiesin MMA.

c. If the plan adequately defines the locality’sinterrelationship with adjoining cities/municipalities.

d. If the proposed development strategy isconsistent with letters b and c and responsiveto the needs of the residents and availingof locality’s services/facilities.

e. For MMA LGUs along Pasig River, if thepolicies covering the adoption of a uniformeasement provision along the Pasig riversystem including its major and minortributaries, as provided in MMDA resolution no.3, are complied with.

f. For MMA LGUs along Pasig River, if proposeddevelopment plans and guidelines for therehabilitation and improvement along the 500meters from the banks, for the entire length ofthe Pasig river, conform to the goals andobjectives, land uses and developmentstrategies of the approved Pasig River.

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157 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

RESPONSIBLE PARTY ACTIVITIES

g. Reviews the following sectors:

g.1 Economic

g.1.1 Checks if the plan adequately presentsthe locality’s main economic base in termsof actual income generated; employmentand land devoted for such economicactivity.

g.1.2 If applicable, checks if the areas identifiedfor urban use are outside the coverage ofDA’s Networks Protected Areas forAgriculture and Agro-IndustrialDevelopment and Strategic Agricultureand Fisheries Development Zones(SAFDZ).

g.1.3 Checks if proposed commercial areas aresuitable and properly delineated andquantified.

g.1.4 If applicable, checks if industrial sites/areas are suitable and feasible forindustrial development per DTI standards.

g.1.5 Checks if requisite utilities/facilities areadequate for identified commercial andindustrial activities in the area.

g.1.6 If applicable, checks if the sites identifiedby DOT as probable tourism sites aredelineated, considered and quantified inthe plan.

g.1.7 Evaluates if the proposed tourism sites arefeasible for development as per DOTstandards.

g.1.8 Evaluates if there are adequate utilities/amenities for each designated clientele forproposed tourism areas.

g.2 Infrastructure and Utilities

g.2.1 Evaluates if the proposed road networkand other infrastructure facilities andutilities are responsive to the locality’schosen development option/strategy and

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158Step 10. Reviewing, Adopting and Approving the CLUP and ZO

RESPONSIBLE PARTY ACTIVITIES

defined role and adequate to support thevarious land uses in the localities.

g.2.2 If applicable, ensures inclusion ofproposed government and privateinfrastructure projects within the localitythat are supportive to the locality’sdevelopment thrust.

g.2.3 Ensures the inclusion of a proposed trafficmanagement program which is consistentwith MMDA’s Metrowide TrafficManagement plan.

g.2.4 If applicable, ensures if there is anadequacy of flooding control programs andif these are linked with MMDA’s MetrowideFlood Control Program.

g.2.5 Ensures if the proposed transportation,communication facilities and utilities areadequate to support the current and futurerequirements of the locality.

g.2.6 If applicable, checks if the plan includesprojects within the city that areprogrammed for implementation byDOTC/DPWH, concerned agencies andother relevant government agencies andare not identified in the plan.

g. 3 Social

g.3.1 Checks if the requisite socio-culturalinfrastructure such as school buildings,hospitals or clinics are identified, properlydelineated, quantified and matched therequirements within the planning period.

g.3.2 Checks if the locality has responsiveprograms or projects to solve the squattingproblem.

g.3.3 Checks if the LGU has identified sites forsocialized housing.

g.3.4 Evaluates if the identified socializedhousing sites are adequate and suitablefor identified program beneficiaries of

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159 Step 10. Reviewing, Adopting and Approving the CLUP and ZO

RESPONSIBLE PARTY ACTIVITIES

RA 7279.

g.3.5 Checks if the local housing projects utilizeHUDCC accredited indigenous materialsor innovative techniques/buildingtechnologies for housing development.

g.4 Environment/Ecology

g.4.1 Evaluates if there are flood prone areasand other environmentally critical areassuch as earthquake prone areas, faultlines/traces identified for urban use or areexisting in built-up areas. If so, are thereproposed mitigating measures?

g.4.2 Ensures that watershed reservation ornational parks are not reclassified into otheruses.

g.4.3 If applicable, ensures that areas with slope18% and above are not reclassified for usethat are designated as urban. Needs todelineate which is for the forest and whichis Alienable and Disposable (A&D).

g.4.4 If applicable, ensures that the identifiedareas for urban use are not within thecoverage of DENR’s ECAs.

g.4.5 Checks if there are plans for sustainabledevelopment and management of naturalresources within the city/municipality.

g.4.6 If applicable, checks if there areendangered flora and fauna in the area thatrequire protection or preservation and ifthere are corresponding programs/projects for suchareas.

g.4.7 Checks/evaluates the proposed solidwaste management program and if theseconforms with the provisions of EcologicalSolid Waste Management Act (RA 9003).

g.5 Land Use

g.5.1. Evaluates the efficiency of the urban

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RESPONSIBLE PARTY ACTIVITIES

design in terms of distribution and locationof the different functional areas.

g.5.2 Evaluates if the space allocation for varioususes can adequately meet therequirements vis-à-vis the needs, visionand functional role of the LGU.

g.5.3 Determines if there are areas that requirerenewal/rehabilitation and if there areproposals to solve these problems.

g.5.4 If applicable, evaluates if suggested areasfor densification, reclamation, landreadjustment and the like havecorresponding justification and projectproposals to implement the same.

g.5.5 Evaluates if the land use plan is anadequate translation of the locality’sdevelopment goals and objectives andresponsive to its defined role, chosendevelopment option/development thrust.

g.6 Zoning Ordinance and other Forms ofRegulation

g.6.1 Evaluates if the ZO is the correct translationof the proposed land use plan.

g.6.2 Checks if the zoning boundaries or zoningdistricts are correctly and adequatelydelineated on the maps and described inthe next.

g.6.3 Evaluates if proposed performance zoningor other innovative zoning techniques/approaches and other forms ofdevelopment regulations respond to thelocality’s requirement.

g.6.4 Checks the major changes in theZO.

g.7 Local Administration

g.7.1 Evaluates if the proposed project/programs are the actual translation of theLGU’s needs and requirements given itsfunctional role and development thrust and

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RESPONSIBLE PARTY ACTIVITIES

as identified in the socio-economic, land use andinfrastructure sectors and whether these areprioritized.

g.7.2 Determines if proposed institutionalmechanism is consistent with the LocalGovernment Code and responsive to itsdevelopment requirements.

g.7.3 Checks and evaluates innovativeapproaches or solutions to the LGU’s needfor additional sources of funds for projectimplementation.

g.7.4 Checks if the proposed implementing andmonitoring schemes are consistent withthe new Local Government Code andrequisite for the attainment of the setdevelopment goals, objectives andstrategies.