DPWH memo: New mall violates building rules

SM Seaside City Cebu has been cited for not having enough maneuvering space for its MyBus units and other vehicles. (CDN PHOTO/JUNJIE MENDOZA)

OBO readies own report; SM Seaside City Cebu has partial occupancy permit

The newly opened SM Seaside City Cebu mall has violated the building code for constructing its main entrance stairs and plant boxes within eight meters from the Cebu South Coastal Road, a Department of Public Works and Highways (DPWH) report showed.

DPWH-7 legal staff chief Brando Ray Raya, in his report submitted to DPWH-7 regional director Ador Canlas, recommended that SM be compelled to correct the violations and conform to the National Building Code of the Philippines.

Raya’s report stated that the plant boxes and stairs, drainage and paved driveway, and the flag poles went beyond SM’s property line and are within the coastal road’s right-of-way, a violation of Section 23 of the Revised Philippine Highway Act (Presidential Decree 17).

Because SM failed to comply with the setback requirements, the new mall “exceeded the Allowable Maximum Building Footprint,” the report added.

SM’s violations include: failure to comply with the front of lot setback requirements; not enough maneuvering spaces within its property lines for MyBus and other vehicles; encroachment of the coast road’s right-of-way; and exceeding the allowable maximum building footprint, or the space that a building may occupy after satisfying setback, yard and court requirements.

Copies of the report were sent to the Cebu City Office of the Building Official (OBO) and SM.

REVIEW

Assistant Building Official Architect Florante Catalan said he still has to review the DPWH findings. A partial occupancy permit has been issued to SM Seaside City, which was opened to the public on November 27. ( Read: SM ANCHORS FIRMLY IN CEBU )

“I will review it (DPWH report) first and compare it to the report of our geodetic engineer. We will give an update after I finish reviewing and evaluating it,” Catalan said.

He said Engr. Bernabe Pateno, one of their geodetic engineers, is working on OBO’s report and recommendations.

OBO representatives joined DPWH-7 and SM officials in a joint inspection of SM Seaside City on November 10, following SM’s application for clearance to cut trees along the Cebu South Coastal Road. ( Read: DPWH: New mall encroaches on coastal road right-of-way )

The report stated that several meetings between DPWH-7 and SM have been held since January last year to ensure that the mall would not hamper access to and from the Cebu South Coastal Road.

SM was ordered in May last year to cease and desist from using the roads leading to the coastal road and told to comply with all requirements.

The report did not say whether the order was lifted, but stated that SM was reminded in June 2014 to secure DPWH clearance for any construction or improvement at the coastal road.

SETBACK

Under the building code, an eight-meter setback is required for structures built along newly developed roads. This setback area is supposed to be vacant and free from any obstruction.

SM’s failure to provide an eight-meter setback from the coastal road was brought to the DPWH-7’s attention by a top Public Works official who passed by the area and noticed the violation, Raya said in his report.

He added that Director Canlas informed the OBO about the violations in a letter dated Aug. 28, 2014.

City Engineer and Building Official Jose Marie Poblete said a partial occupancy permit was issued to SM, “which by the way is allowed, because not all of the floors have been completed during the previous inspection.”

Poblete said SM can continue working on the other parts of their building since it’s provided under its permit.

Once SM informs their office that they are ready for another inspection, this time for the entire building, Poblete said OBO will conduct another round of inspection.

“If found compliant with the building requirements, we will give them an occupancy permit for the remaining part, upon payment of permit fees,” Poblete said.

An occupancy permit is issued when a building or structure is declared by OBO as fit for occupancy or habitation upon finding of compliance with requirements, he explained.

TRAFFIC

Meanwhile, the traffic situation at the South Road Properties (SRP) eased yesterday, two days after the grand opening of SM Seaside City Cebu.

Cebu City Transportation Office (CCTO) department head Rafael Yap said traffic buildup was observed only at the junction of Mambaling going to the SRP.

CCTO operations chief Joy Tumulak said one of the reasons for the traffic buildup is the ongoing asphalting of Vestil St., or the Mambaling Access Road. The project is being undertaken by SM Prime Holdings, Inc.

“What’s happening now is that the road and the entrance to the mall is not leveled. The mall’s entryway is going up so vehicles would have to slow down,” Tumulak said in Cebuano.

He said he already raised the concern with the mall’s management, which agreed to put up a steel plate between the asphalted road and the entrance of the mall.

Vehicle parking is also not a problem in the area anymore since Tumulak said SM has opened its four-level parking area which can accommodate around 4,000 vehicles.

As of yesterday, parking is prohibited along Church Ave.

“This helped in easing the traffic now at SRP because when we allowed parking in Church Ave., it contributed to the traffic (congestion) since some vehicles take longer to enter,” he said.

CCTO will continue to deploy personnel at the SRP to manage the traffic. Yesterday, 15 traffic enforcers were deployed.