The developer of the proposed Ciudad project in a province-owned lot along the Banilad-Talamban corridor already secured a locational clearance from the Cebu City Planning and Development Office (CPDO).
City Planning Officer Alipio Bacalso confirmed yesterday that a locational clearance was already issued to project developer Fifth Avenue Development Corp. last Aug. 19.
“The project is locationally viable as far as the zoning ordinance is concerned,” he said.
However, he failed to show a copy of the clearance.
Bacalso said the original copy of the clearance was already released to Fifth Avenue while the duplicate copy is now kept with other CPDO files at their warehouse.
The issuance of a locational clearance is a requisite for the issuance of a building permit by the Office of the Building Officials (OBO), which would already mark the start of the actual construction.
Vice Mayor Joy Augustus Young, who along with the council opposed the project, said the issuance of the locational clearance is contrary to the city’s zoning ordinance.
Bacalso said he used both the city zoning ordinance and the City Legal Office opinion which endorsed the Cuidad project, as basis for the issuance of the locational clearance.
In its legal opinion, the legal office said the province-owned lot where the Cuidad project at the Banilad-Talamban corridor is being proposed can be used for commercial purposes.
Since the proposed projects is open to public access, this is considered as intended for public use in compliance with City Ordinance 2193 or the amended city zoning ordinance which declares that all friar lands should be used for public purpose.
Fifth Avenue applied for a locational clearance with CPDO a month ago.
Attached to their application was a permit issued by barangay Apas.
OBO chief Josefa Ylanan said their office has not received any building permit application from Fifth Avenue as of yesterday.
“It could be possible that they are still trying to comply with the building plan requirement that is why they have not yet submitted their building permit application,” said Ylanan.
Fifth Avenue may also opt to apply with OBO for excavation permit which would allow them to already start ground works for its foundation.
Ylanan said the application for a building permit would require a copy of the locational clearance and six copies of the building plan that would lay out its electrical, plumbing, mechanical and structural plans.
Other requisites include a copy of the lot title, land tax clearance, lot plan that would show the project’s vicinity map and a fee that is computed at P24 per sq. meters of the project area.
Ylanan said that a copy of the building plan is furnished to the Bureau of Fire Penology for determine of compliance with the fire code and issuance of a fire clearance.
OBO inspectors also check on the project’s architectural, structural and mechanical design to see if this complies with requirements in the National Building Code.
“The law says that we have to act on the application within a period of 15 days assuming that all requirements are complete and the plans are in order in compliance with the electrical and mechanical codes,” Ylanan told Cebu Daily News.
A standard form for a certificate of locational clearance indicates the name of the application and the name of its project, the project area and location and its zoning site classification.
There is also a blank space for evaluation of facts and decision.
The locational clearance form also carries with it seven conditions which mentions that non-compliance is grounds for cancellation of the clearance and legal actions against its holder. /With Correspondent Edison delos Angeles