Facts and Findings:
1) That the requesting party, Bon Avenir Realty Devt Corp. had submitted supporting documents relative to their request for development permit for their project VERDE GRANDE II LUGANO HIHGLANDS located at Tanawan, Brgy. Dolores, Taytay, Rizal.
2) That upon perusal of plans submitted, it was noticed the property being applied for development permit is situated in a rolling terrain and serve as catch basin of rain water of the nearby elevated communities, as shown in the topographic plan submitted.
3) That based on the verification of documents by the Municipal Planning & Development Officer, the subdivision plans submitted by the applicant need to be thoroughly review, particularly the drainage system.
4) That the residents of Bukal Dos, a community at the back of the proposed subdivision, sent a letter to the mayor regarding their access road that will be close due to the construction of perimeter fence of the propose subdivision. (see ANNEX "A")
5) That due to the foregoing, the committee requested the Municipal Planning and Development Office (MPDO) to conduct inspection and coordinate with the developer.
6.) That on the report of the MPDO dated April 23, 2021(see ANNEX "B"), they found out that:
a. That there are existing drainage system or storm water canals directly connected to the proposed subdivision but filled with garbage like plastic, water bottles and other waste.
b. That According to the residents of Sitio Tibagan, they rarely experience flooding because of the steep slopes which quickly drains and vegetation located in the proposed subdivision area which absorbs the water runoff.
c. That the estimated drainage width is 0.40m along Jupiter st and other connecting roads.
d. That Neptune st. has the highest elevation among all streets which are directly linked to the proposed site. Pertaining to this, itis considered and observed that the project site is served as the catch basin of the area.
e. That the neighboring streets of the site are also low in elevation compared to Neptune st, yet, according to the residents in the 1st, 2nd, 3rd and 4th st., they do not often experience flooding due to the vegetation in the 3rd st.
f. That the project site's outfall is directed to the streets of M. Borja, C. Valle, R. Valle and Javier sts. Those streets are known as a flood prone area.
g. That within the 500m buffer zone, the flood hazard ranges from low to moderate
susceptibility. Given this existing situation, the project can add up to the cause of flooding in the area if without proper drainage or without application of mitigation and preventive measures.
h. That based on the subdivision plan, the current allocation for open spaces is 40.84%, 36.11% of which are allotted to circulation-road and 4.73% for community spaces, parks and playground. In compliance with P.D. 1216 sect. 2, subdivision projects shall provide 9% of gross area for as open space exclusively for parks, playgrounds and recreational use.
7) That due to the foregoing, the committee requested again the MPDO to coordinate with the contractor to address the above mentioned concerns.
8) That on the report of the MPDO dated MAY 26, 2021(see ANNEX "C"), that Bon Avenir Corp., should provide a new drainage plan reflecting a proposal that would ensure a good flow for their water runoff drainage and not cause flooding to the nearby area. If the new proposal plan is approved, the project owner or company should shoulder the new drainage plan outside their subdivision as well. And regarding the complaint for the right of way (ROW), they must propose either of the two options for the residents; (#1) they provide a pathway inside their project lot or (#2) remove the obstruction at the main access of the residents.
9) That the committee instructed the MPDO to seek the assistance of the ENGINEERING DEPT to find out any other possible engineering solutions and recommendations. And according to their report dated May 27, 2021 (see ANNEX "D"), that the Engineering Office had the same findings and recommendations as stated above.
10) That on July 8, 2021, the committee conducted a committee hearing to discuss about the progress of the application of BON AVENIR CORP. And that the ENGG OFFICE & MPDO shall follow up to the developer on their suggestions in their previous reports.
11) That on the report of the ENGINEERING OFFICE dated JULY 12, 2021(see ANNEX "E"),
a. That in addition from their previous findings, that the property being applied for is also the catc