Saturday, October 26, 2019

Contents of the Zoning Ordinance.


I.   Title of the Ordinance
II.  Authority and Purpose
III. Definition of Terms
IV.  Zone Classifications
V.   Zone Regulations
VI.  General Regulations
VII. Performance Standards
VIII.Mitigating Devices
IX. Administration and  Enforcement

The following are reasons why public hearing for the enactment of zoning ordinance is important:
· Present the plan to the general public and ensure an objective and participatory review of the draft CLUP/ZO
·  Ensure stakeholder acceptability of the CLUP/ZO
·       Obtain common ownership of the plan and gain support          for plan implementation


Reference: CLUP Guidebook, An LGU's Guide to CLUP Preparation, 2013, Step 9 p,176

Steps in Mainstreaming DRR and CCA into the CLUP by HLURB


Step 1 – Organize
·         Incorporate the conduct of the CDRA in the work and financial plan
·         Organize key sectoral representatives who will participate  in the CDRA

Step 2 – Identify stakeholders
·         Include local stakeholders and representatives from the hazard mapping agencies who will participate and assist in the CDRA

Step 3 – Set the Vision
·         Fine tuning of vision descriptors and success indicators based on the relevant findings from the CDRA
Step 4 – Analyze the situation
·         Enhanced understanding of climate and disaster risks affecting the locality
·         Priority decision areas based on risk evaluation
·         Policy interventions/options with emphasis on Risk Management Options
·         Adjusted land demand to account for backlogs due to risks and vulnerabilities
·         Analysis of land supply and suitability-based climate change and possible impacts on the severity and frequency of natural hazards.

Step 5 – Set the goals and objectives
·         Specific targets/indicators to address current risks
·         Goals, objectives and success indicators related to future planned disaster risk reduction and climate change adaptation

Step 6 – Establish Development Thrust and Spatial Strategies
·         Incorporate climate change adaptation and disaster risk reduction concerns in evaluating development thrust and spatial strategy options
·         Ensuring selected development thrust and spatial strategies account for the future climate change scenario and its possible impacts to the severity and frequency of natural hazards

Step 7 – Prepare the Land Use Plan
·         Climate and disaster risk sensitive land use allocation/spatial location
·         Applying risk reduction approaches (risk avoidance, mitigation, transfer and retention in designing the land use scheme and land use policy development
·         Menu of programs and projects for disaster risk reduction and climate change adaptation

Step 8 – Draft the Zoning Ordinance
·         Establishing hazard overlay zones and priority risk management zones/districts
·         Zoning regulations to reduce risks by applying risk reduction approaches such as density control, hazard resistant building design standards, site development standards, and additional development requirements
·         Consultation with hazard experts and stakeholders in the identification of zoning regulations

Step 9 – Conduct Public Hearing
·         Consultation with stakeholders on the acceptability of proposed risk management options

Step 10 – Review, Adopt and Approve the CLUP and ZO
·         Ensure identified risk management options to effectively address current and prevent future risks are translated in the CLUP and ZO;
·         Inviting representatives from agencies involved in DRR-CCA (i.e. hazard mapping agencies, Provincial DRRMO, Provincial CCO) during the review and approval process

Step 11 – Implement the CLUP and ZO
·         Strengthen the support institutional structures, systems and procedures for enforcement and monitoring
·         Program and project assessment, prioritization and development
·         Budgetary support/requirements
·         Information, Education and Communication Campaign
·         Interface with other local level plans to implement DRR-CCA agenda

Step 12 – Monitor and Evaluate the CLUP and ZO
·         Identification of risk reduction and climate change adaptation monitoring parameters and procedures
·         PPAs impact monitoring and evaluation

Reference: CLUP Supplemental Guidelines on Mainstreaming Climate and Disaster Risks in the Comprehensive Land Use Plan 2014, HLURB,  p. 26



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12-step HLURB Process in Crafting the CLUP


Step 1 – Organize
Step 2 – Identify stakeholders
Step 3 – Set the Vision
Step 4 – Analyze the situation
Step 5 – Set the goals and objectives
Step 6 – Establish Development Thrust and Spatial Strategies
Step 7 – Prepare the Land Use Plan
Step 8 – Draft the Zoning Ordinance
Step 9 – Conduct Public Hearing
Step 10 – Review, Adopt and Approve the CLUP and ZO
Step 11 – Implement the CLUP and ZO
Step 12 – Monitor and Evaluate the CLUP and ZO


The Local Planning Structure


The Local Planning Structure is composed of political and technical components.

The political component comprises mainly the Local Sanggunian and the LDC.  These two bodies lay down policy guidelines and take decisions regarding the direction, character, and objectives of local development.  They do these in their capacity as elected representatives of the people.  In a very real sense, they are the true planners of the city, municipality or province. 

The technical component on the other hand consists of non-elective officials of the LGU, heads of national agencies operating in the area, and non-government sectors.

Figure 1.1   COMPONENTS OF THE LOCAL PLANNING STRUCTURE

POLITICAL
TECHNICAL
·         Local Sanggunian
·         Local Development Council
·         Congressman’s Representative
·         Civil Society Organizations
·         Local Planning and Development Office
·         LGU Department Heads
·         Local Special Bodies
·         LDC Sectoral/Functional Committees
·         NGA Office Chiefs in the locality
·         Private Sector Representatives

Reference: Serote, Ernesto, Rationalized Planning System, p.1-2


LGC, Section 15. Political and Corporate Nature of Local Government Units. - Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory.


The planning function of LGUs is embedded in the dual personality of an LGU. As a body politic the LGU is a subdivision of the national government. The LGU is endowed with powers and resources with which to manage its territorial jurisdiction for and on behalf of the national government. As a body corporate the LGU is likewise endowed with powers and resources to promote the general welfare of its inhabitants. The ultimate objective of the current policy of devolution is to strengthen this dual role of LGUs, namely, 1) as a political unit, to become an effective partner in the attainment of national goals, and 2) as a corporate body, to be able to promote the general welfare of its inhabitants thereby enabling them to become self-reliant communities (RA 7160, Sec. 2a, Sec. 15).

Reference: Serote, Ernesto, Rationalized Planning System



 Two Mandated Plans of LGUs according to RA 7160

The two mandated plans are the Comprehensive Land Use Plan (sec. 20, LGC) enacted thru the zoning ordinance  and the Comprehensive Development Plan (sec. 106, LGC). CLUP is territorial in scope while the CDP is sectoral. Usually, CLUP is for 9 or ten years while the CDP is usually for 6 years.






Ecological Profile versus Socio-Economic Profile.


 An Ecological Profile (EP) is the more comprehensive replacement of the usual socioeconomic profile which gives equal coverage to the physical, biological, socioeconomic, cultural and built environments. This is the preferred form and LGUs are encouraged to shift from the SEP to the EP.

The Socio – Economic Profile (SEP) is a basic reference about all possible aspects of the locality. It is the most important information base for the comprehensive planning of a city or municipality.

The Ecological Profile, as mentioned above, is a merger of the socioeconomic and biophysical profiles of the study area and treats these subjects on equal footing.

Reference:

Guide to Ecological Profiling, DILG

Sunday, October 20, 2019

LAND DEFINED


The common sense definition of land is “that solid potion of the earth’s surface” on which we stand, walk, build our homes, raise our gardens, or produce our crops (Serote, p.2).

The limitations of this definition are the following :
a.       It needs further elaboration as to will it include the water, air (gas) found on the earth’s surface or the water in solid form such as the polar ice caps;
b.      The freedom to do what we normally do like build our houses, raise our crops because of certain geophysical, environmental, social and economic factors that constrain us from making use of any piece of land, and:
c.       Good lands located between extreme environmental conditions are no longer freely available (Serote, 2004:2-3.)

From the legal standpoint land is defined as any ground, soil or earth that is regarded as the subject of ownership, and everything annexed to it whether by nature (e.g. trees, water) or by man (e.g. buildings, crops) extending indefinitely vertically upwards and downwards (Serote, 2004:3). For example, we can stop our neighbor from extending their sewerage that dumps kitchen wastes and sewage to our garden. Another example is, we can build our house up to our desired height. However, this is subject to certain restrictions and limits set by the zoning and land use regulations of the area which normally take into consideration the geology of the land where the building is to be constructed as well as the air space for air planes and the public view as in the case of DMCI Building near Rizal Park in Manila. It can be said, therefore, that the right of the owner to develop the land is not absolute. Public interest and the general welfare are of high importance.

Land is a natural resource but it can also be “man-made.” As such, it is often regarded as a good or a commodity that can be supplied to meet certain requirements for the satisfaction of human wants . Land is scarce simply because the human population keeps growing while the gross supply of land is fixed. Also, not all earth’s surface has immediate value for human use. There is also social dimension to land scarcity. Few powerful clans and rich families have appropriated too much land for themselves, especially the good productive lands, leaving the marginal ones to be divided up by the majority. Often many people end up not having any share at all (Serote, 2004:5)


As a factor of production, land is taken along with the capital, labor and management. The traditional understanding of land as a production factor is that it provides the physical base, the platform, site or location where the production process takes place. Example of a land used as a physical base are, the site for a manufacturing plant, a shopping mall, or an office tower. As a direct input, land maybe used for crop growing, livestock raising, dairying, fisheries, mining, and quarrying (Serote, 2004:6).

Land, from the ecological sense, means “the natural environment and its attributes… the surface of the earth and all its attributes.” The natural attributes of land include the macro-and micro-climate, hydrology and other climatic conditions; the geology, topography and soils; and the plant and animal communities that live in it (Serote, 2004:9) Hence, water is part of the land.

Land, in its primeval state and with its vegetative cover, it continues to provide some intrinsic environmental value. This intrinsic value could be destroyed if land were developed and put to some other use than that in which it came in nature. The introduction of human labor and capital on the land may bestow economic value on the land but this may completely destroy its intrinsic environmental value (e.g. logging of rainforest or draining of mangrove swamps.) (Serote, 2004:10).


Dynamics of Land Use and Land Cover Change
          The process and dynamics of land use and land cover change start with the rapid population growth in urban areas which was mainly resulted from migration of rural to urban areas. This increase in population had a plausible effect of increase in pressure on the limited resource-base, and significantly contributed to the expansion of urban land by deforestation and infilling of low-lying areas. (Hassan et. al, 2016). According to Lambin et. al., climate-driven land-cover modifications interact with land-use changes. Land-use change is driven by synergistic factor combinations of resource scarcity leading to an increase in the pressure of production on resources, changing opportunities created by markets, outside policy interventions, loss of adaptive capacity, and changes in social organization and attitudes (Lambin, et.al., 2003)

References:
Serote, Ernesto M.,Property, Patrimony and Territory, Foundations of Land Use Planning in the Philippines, UP-SURP and UP-Planades, Quezon City 2004
Hassan, Zahra, et. al, Dynamics of Land Use and Land Cover Change (LULCC) using geospatial Techniques: A Case Study of Islamabad Pakistan published in 2016 retrieved at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4916107/ on February 4, 2018
Lambin, Eric F., et al, Dynamics of Land-Use and Land-Cover Change in Tropical Regions, Department of Geography, University of Louvain, Belgium, 2003, retrieved at https://pdfs.semanticscholar.org/959f/a2238675b85c4b797aba604bbde3356feefe.pdf on February 4, 2018




WHAT KIND OF LAND USE POLICY WOULD BE OPTIMAL FOR HUMAN DEVELOPMENT?


There are three sets of conditions for a land use plan to have a positive and significant impact. First, it must have technical merit such that we know what issues need to be addressed and how to address them; second, it must have the political mandate and organizational capability to allow implementation; and third, it must be backed up by sufficient financial and other material resources.

Technical merit

The overall objective of a land use plan is to identify the most appropriate locations and promote efficient and safe environments of social activities (land uses). This includes transportation linkages among the various activities as well as administrative and other associated governance requirements. Ideally, it should also support the national government’s goal of inclusive growth, complement other sectoral development plans, and provide detail to regional and provincial land use policies. Its most immediate role, however, is to serve as the core of the CLUP, which is intended to guide or lead the LGU in the attainment of its goals and objectives. Typically, these goals and objectives are defined and measured by employment, income/poverty, education, health, and other development indicators.

We need not go into the details of the structure and components of a land use plan. As far as technical merit is concerned, we have already noted major shortcomings of land use plans which need to be addressed, in particular: the lack of consideration for the demand side, the lack of inter-local or metropolitan integration and multi-level analyses, the need to update basic planning principles and standards, and the need to integrate more effective disaster risk reduction measures. Two additional points, however, are worth mentioning.

In general, consideration should be given such that land using activities take place in areas that, in order of priority: (1) do not pose direct threats to public safety (disaster risk reduction measures); 
(2) enhance and protect lifeline systems (transport routes, communication lines, water and power service delivery); and (3) promote the sustainability of productive resources and keysupport services.

Implementation mandate and organization capability
The mandate of cities and municipalities to prepare, implement and enforce land use plans resides in the constitution, various provisions of the 1991 Local Government Code, Executive Orders 72 and 648, and Republic Act 7279. A full list is provided in the CLUP Guidebook prepared by the HLURB. Meanwhile, formal approval of a specific plan is given by the local development council following a prescribed process.

As mentioned earlier, the CLUP and its implementation instrument, the zoning ordinance, are intended to directly regulate land use in the country, as part of a set of plans that covers the entire national-regional-provincial-local hierarchy. However, consistency and integration within this multi-level and multi-sectoral hierarchy of plans are not yet in place.

Given this scenario, the enactment of a National Land Use Act (NLUA) could provide the much needed mandate to consolidate and integrate land use policies even while retaining LGU jurisdiction over land use planning and enforcement. Because it is a legislative act, however, the NLUA should defer from prescribing specific design and planning standards. Instead, it should refer these to the National Physical Framework Plan (NPFP). In this manner, the basic policies are established in the NLUA while design and planning standards that are subject to regular adjustments (because of technological changes for example) can be done accordingly without having to go through Congress. This also provides the NPFP, which to date serves only as a reference document, with the required implementation mandate.

As far as manpower is concerned, many LGUs do not have the sufficient number to conduct required planning activities. This is part of the reason for the low percentage of cities and
municipalities (35% of 1,610 cities and municipalities in 2008, according to the HLURB) that, in recent years, do not have any CLUP or do not have an updated CLUP. Most LGUs are likely to continue to encounter this problem because of the lack of qualified personnel, especially trained planners, in the country. 

As of 2008, there were only 609 registered Environmental Planners (authorized to sign subdivision and other urban/regional plans) in the Philippines; this number includes inactive and international-based planners. With only an average of 21 planners being added to the professional roster every year (during 2000-2008, according to the Philippine Institute of Environmental Planners), and assuming every registered Planner works for cities and municipalities, it will take 47 years for the number of planners to match the total number of cities and municipalities. Further aggravating the situation is the apparent large amount of planning tasks required of local planning offices such that, according to one estimate, one office is typically required to prepare 28 plans within three years. And this does not include non-planning responsibilities assigned to local planning officials. (Corpuz 2008) LGUs with larger operating budgets will have less difficulty but for the majority, and without external assistance, the lack of qualified personnel will continue to be a problem.

The other serious obstacles to the performance of the planning and implementation bureaucracy are the weak linkages within the planning-investment programming-budgeting-implementation process. Ideally, the PPAs proposed in the CLUP/CDP are prioritized as part of an investment programming exercise and incorporated into the annual budget for implementation. 

In the real world, however, few projects identified in the plan are actually implemented. (There is no actual data available for cities and municipalities but this is consistent with a recent study of provincial plans which found that only 15%-30% of the PPAs identified and listed in the plan are provided a budget.) (Carino, Corpuz and Manasan 2004) Further, some PPAs not identified in the plan are inserted into the budget for implementation. This suggests that political considerations dominate the budgeting and implementation end of the process. It is also in line with the reported “divide by n” resource allocation practice where LGU capital investment resources, however limited, are distributed among allies of the local political leadership.

It can be argued that if the quality of the plan and its PPAs is poor, because of the lack of available professional planners, for example, then the low implementation performance is not
necessarily bad or inconsequential, i.e. not implementing bad projects is good. Or conversely, quality is not important to begin with because of the low implementation performance, i.e. why waste time and resources to come up with a good plan if it is not likely to be implemented anyway. Further, the three-year tenure of the local leadership does not encourage or even makes it impractical to initiate a plan that looks seriously beyond the short term. This does not mean that bolder, longer term or more innovative land use plans and policies cannot be conceived and approved. Rather, it means that regardless of the plan, it is likely that actual development will be incremental. Having the right technical land use policies is good to have but not having them is not important or even relevant if the CLUP itself is not expected to play an important or catalytic role in the first place.

Ultimately, it is not enough to have good quality plans and projects; the entire planning investment programming-budgeting-implementation process and bureaucracy must also work efficiently in order to get desired developments in place.

The politicized nature of the budgeting and implementation stages contrasts with the more technical orientation of the planning stage of the process. To be sure, the local leadership may assert its vested interests and influence certain features of the plan but, as a whole, the planning stage is recognized as an exercise better left to technical experts. In the absence of such experts, the resulting plan may be compromised but, nonetheless, the prevailing view is that planning should be a technical exercise. This perception is reinforced by professional planners who consider the ideal plan as one devoid of or insulated from politics. Although there are exceptions, even public consultations intended to draw planning inputs and support from stakeholders are usually compliance-driven and marginally participative.

In summary, the weakness in the linkages among planning, investment programming, budgeting and implementation coincides with the gap between the technical orientation of planning on the one hand and the political nature of budgeting and implementation on the other. In the end, it is the latter that matters because regardless of the plan, other projects can be inserted into the budget and implemented.

How then, should the weakness be addressed? A logical approach is, first, (a) politicize the planning process by increasing or introducing genuine participation among stakeholders, thereby encouraging broader public ownership of the plan and enhancing the possibility that proposed projects are shepherded and implemented. Second, (b) increase the technical basis for budgeting and implementation in order to reduce the influence of a “dividing the spoils” approach to resource allocation. (Corpuz 2007)

Excerpts from: Arturo Corpuz, Land Use Policy Impacts on Human Development in the Philippines 2012/2013, https://pdfs.semanticscholar.org/1ef4/7eead851d4eb561868fb46f491eb4d7dd02b.pdf

  I attended the Intensive Course in Environmental Planning (ICEP) last February 12-16, 2024 conducted by the Planning and Research Foundati...