Desert Lakes CC&Rs

DESERT LAKES DEVELOPMENT´S CONSTRUCTION REGULATIONS

INTRODUCTION.

DESERT LAKES is a housing development, located at Km. 173.5 of  Carretera Federal No. 5 to San Felipe Port, B.C., approximately about 11.5 miles to the North side of San Felipe by the Sea of Cortez.  This housing development includes 220 housing lots, eight lakes, 2 swimming pools, 3 tennis courts, besides other recreational areas. DESERT LAKES has been designed and developed as a first class residential community.

DESIGN GUIDELINES PURPOSE.

The main purpose of these guidelines is assisting DESERT LAKES customers regarding their own house design and/or additional improvements besides the existing ones; as well as enhancing identity, character,  and quality of this special community, solving residential needs and protecting property values for all development house owners.     

The design criteria contained in these guidelines, provides site (terrain), architectural, gardening, lighting, signs and maintenance planning parameters that each homeowner must meet in order to ensure design coordination within our housing development.

These guidelines regulate: the exterior design of all new constructions; additional constructions to the existing ones; gardens, swimming pools, services, mechanical equipments, lighting, signs, and any other exterior improvement, changes, alterations and maintenance that can be notorious or that could create a house or the entire housing development visual impact.  These guidelines do not control or regulate any interior design.

The Desert Lakes Design Review Committee can review and adjust these guidelines from time to time, if necessary, with the purpose of accomplishing DESERT LAKES planned design, character, quality and spirit.

All improvements within DESERT LAKES development must meet the Government’s Codes and Regulations, including those of Local, State and Federal Jurisdiction.

These guidelines will be jointly used with Covenants, Conditions and Restriction (CC&Rs or Internal Regulations), which conform a minimum standard for DESERT LAKES development.

 

DESIGN REVIEW PROCESS.

A design review process is herein stipulated to assure that any construction built within DESERT LAKES development, meets with these guidelines design regulations, as well as with its Condominium Property Regulations. 
(CC&Rs). This review comprises a site architectural, gardening, exterior lighting, signs and notices planning, as well as changes, alterations and renovations performed to any construction within the terrain.

This process comprises four stages.

  1. DESIGN ORIENTATION.
  2. DESIGN CONCEPTUAL REVIEW.
  3. CONSTRUCTION DOCUMENT REVIEW.
  4. CONSTRCUTION VERIFICATION.

 

All design presentations for review and approval must meet the aforementioned process along with an official written approval, one for each homeowner.

All approval requisitions must be conducted in writing to the DESERT LAKES offices located in Ave. Reforma # 958, Segunda Sección, Mexicali, B. C. or may be delivered to the development’s Sales Office. 

All architectonic and construction blueprints must include the following information:

1. - Lot owner name, address, office, cell and home phone numbers.

2. - Lot and block number where construction is going to be built.

3. -Architect or owner representative’s name, address and telephone number.

4. - All blueprints must meet the Mexicali, B.C.´s Urban Control Department regulations.

5. - Blueprint size must be in sheet of 24 x 36.

Blueprint scale must be the appropriate for its total legibility. 

All required blueprints and materials will be presented, in one package, before the Review Committee for their approval. Formal presentations will have an official response within 30 calendar days. 

Design rejection, will require a correction of the rejection’s reasons and items. Conditioned approvals allow that the design and construction process continues to the next revision level, provided previous conditions are been resolved.

Questions, meetings and informal or partial presentations could promote anticipated resolutions and communications. In any case, verbal responses are not considered official and they can be changed by a written response. Only approvals issued by the Review Committee are valid.

A nonrefundable fee derived from design review will be required at the construction blueprint’s presentation time, including a construction safety deposit.

1) DESIGN ORIENTATION.

Before any design commencement, an optional design orientation meeting among Design Review Committee Representative, the owner, and his architect, engineer or contractor is recommended. This session will include a discussion over DESERT LAKES´s design and design guidelines, the specific owner design criterion, and the design approval process. This orientation will provide valuable information that will help Owner and designer in obtaining a further and quicker design approval.

2) CONCEPTUAL DESIGN REVIEW.

Once the project’s initial design has been elaborated, blueprints and drawings must be presented before the Design Review Committee for their approval. This approval covers the site construction, gardening and remaining terrains conceptual planning, taking into account restriction areas, which in this case, comprise 10 feet (3 Mts.) from all property boundaries.

This conceptual design revision purpose is to provide the Owner and designer with a written security that the fundamental design is acceptable, before investing strength and money over a detailed design.  Also, it provides a situation list to be solved, before final construction approval is granted.

These blueprints will include:

  1. Site conceptual blueprint 

1. - Area demarcation.
2. – Terrain boundaries, construction area, restricted areas.
3. - Services location, water, sewage, etc.
4. – Locations corresponding to: construction, walls, and vehicle 
Accesses, halls, swimming pools, atriums, terraces and all constructions made over the ground level.
6. - Site location of adjacent recreational areas, such as
      lakes, green areas, tennis courts, etc. 

  1. Conceptual Slope Plan.

It shall include: the existing slope and proposed environmental terrain; its elevations; as well as slopes and drainage concepts.

  1. Preliminary Garden Plan.

      It shall include the planting concept, location and type of plants and materials to be used, as well as vehicle entrances, halls, terraces, patios, atriums, walls, fences, fountains, palapas and swimming pools. It shall also encompass the property frontal walls and plants, which shall be designed in accordance to the environment and DESERT LAKES Requirement Guidelines.

  1. Conceptual Floor Blueprints.
  2. They shall have the layout of all rooms, terraces, atriums, balconies, parking areas, garage and other proposed structures and floor areas.
  3. They shall have the total floor area with covered construction space (roofed) in square meters.
  4. They shall have window and door openings, exterior columns, arches and any other characteristics that might affect the building exterior criterion.

e)  Conceptual Roof Blueprints.
They shall have proposed roof Blueprints with slopes and height.
f)   Fences and Walls Blueprints.
They shall present fences and walls designs, their location, materials, colors, height and design.
3) CONSTRUCTION DESIGN DOCUMENTS REVIEW.
When all construction Blueprints, final drawings and project’s specifications have been prepared, they shall be submitted to Desert Lakes Design Review Committee, for revision and official approval. This review covers all necessary designs for construction, including the place to build, slopes, levels, services, architecture, garden, walls, swimming pools, mechanical equipment, exterior lighting, exterior signs and notices.
The purpose of this procedure is to provide the owner and the designer with a written guarantee of construction design construction approval, and with the certainty that any condition proposed in the preliminary plan, shall be resolved during the construction process.  
Two sets of the final Blueprints shall be presented for review and might contain the following:
1. – Site final Blueprints.
- Mark final location of all structures, terraces, patios, atriums, vehicle accesses, halls, etc., and mark buildings dimensions, restricted areas and property lines.
- Mark potable water lines, drainage, electric connections, and distribution lines.
- Mark location of all mechanical equipment, including transformers, water tanks, filtration systems, A/C units, etc., which are on site.
- Mark building height.
2. – Slopes final Plan.
- Mark the finished final slope, surroundings and treatment.
- Mark the drainage flow.
3. – Garden, irrigation and swimming pools final Plan.
- Mark type, size and location of all plant materials.
- Mark location, materials, colors, and construction details in all construction paved surfaces.
- Mark location, materials, colors, height, sections and construction details in all fences, walls, gazebos, palapas, fountains, etc.
- Mark screens for all exterior mechanical equipment and garbage collection.
- Mark irrigation system.
- Mark swimming pool area and equipment.
4. - Final Architectural Blueprints.
- Mark all proposed structures Floor Blueprints.
- Mark the total area of covered buildings, in square meters and final height of floors, patios, terraces, atriums, etc.
- Mark final Roof Blueprints.
- Mark building height (2 dimensions), stating exterior color, materials, and building maximum height on each drawing.
- Supply exterior colors and materials samples.
5. - Exterior illumination.
- Mark location, design type, height and kind of illumination for all exterior lighting.
- Show lamp type illustration.
6. - Exterior signs and notices.
- Mark location and building design details.
- Mark location and design details, if for different purposes.
- Mark location and design for lot/block signs, visible from the street. Those signs shall be placed, if possible, within the lot, not on a frontal restricted area; the measurements shall not exceed 0.60 m x 0.90 m.
4) CONSTRUCTION VERIFICATION.
Any construction not authorized, or not complying with the approved design requirements, might result in construction close down, withdrawal from the site, services interruption, or no construction security deposit reimbursement, until breach rectification occurs.
LANDSCAPING-
All areas outside the construction zone and within the property limits are stipulated as gardens, and are exclusively planned as gardens zones, vehicle accesses and halls.
The character of DESERT LAKES garden design is to foster the desert environment enhancement and to protect and improve the existing flora quality; to preserve the ocean view, integrating the new building constructions with the natural environment. The aforesaid shall take place in a gradual and progressive transition.
Some of the existing plants are native and protected by the Federal Government; they shall be preserved.
In order to establish DESERT LAKES garden environment, and to protect the view’s quality, the following criteria shall be applied:

  1. The existing specimens, which are protected by the government, shall be preserved in the aforesaid environment.
  2. Gardens shall be kept at a certain height, so as not to block the neighbors’ view.
  3. To trim or cut native plants to enhance visibility is not permitted.

CONSTRUCTIONS.-
The Architectural Mexican Contemporaneous Design, with six models to choose from:  OASIS A, OASIS B, PALMILLA  A, PALMILLA B, PUESTA DE SOL A y PUESTA DEL SOL B, always looking for an architectural design that creates an identity within DESERT LAKES development, will be preserved.
Unacceptable Architecture would be:

  1. Postmodern eclectic Style.
  2. Pseudo castles.
  3. Indian towns, pyramids or domes.
  4. Arches, Roman or Greek Columns.
  5. Prebuilt homes of any type.
  6. Mobil homes.

A construction maximum height for homes and their complements has been established, in an effort to protect and to allow ocean view from building terraces, and through or above the other buildings.  
The maximum height for each case is:

  1. A second floor construction shall be restricted to only one roofed bedroom, not exceeding the second floor construction over a 40% of the first floor surface. The design and location of this bedroom shall be located accordingly, not obstructing the neighboring houses ocean view.
  2. All second floor exceeding areas shall be considered as a terrace.
  3. The maximum height for constructions in each one of the lots shall not exceed 8 meters.

 

CONSTRUCTION SURFACE.-
The minimum construction area shall be of 240 m2.
The works supervision shall be in charge of DESERT LAKES Design Review Committee.
FACADES.-
With the purpose of maintaining image harmony in DESERT LAKES, and the Californian and Mexican Contemporaneous style, the following shall be observed:

  1. On the exterior finish materials, concrete martelinado, floated finish plaster or similar, considering fine textures, shall be used.
  2. Cantera Stonework, marble or mate, rustic type, paving stone, shall be used only on facade details.
  3. The paint color or exterior finishes shall be in clear tones, allowing contrasting color only in details, and trying to maintain earthy tones in all constructions.
  4. No mechanical equipment, fan, tubing, etc., shall be in view. Within the design, balustrades or covers to protect those installations shall be considered.
  5. The windows to be used shall be PVC based or treated wood-based, painted in accordance with the facade.
  6. All exterior colors shall be approved by the Architectural Review Committee.

WALLS AND FENCES,-
- Walls and fences can be used to provide privacy, mark exterior spaces, and hide services or mechanical equipment areas. In order to enhance the community’s identity, all walls or fences, facing the street or frontal line shared properties, shall comply with the specific design requirements and shall be analyzed one by one. 
- Wall and fence designs shall be presented to the Architectural Review Committee.
- All walls and fences shall serve to delimit the property lateral sides; for the frontal or back part demarcation of the property, only bushes or green areas shall be utilized. The abovementioned shall not exceed a height of 1.20 meters.
- The maximum height for lateral walls and fences, shall be 4 feet    (1.2 meters); and in the frontal or back part of the property it shall be of 2 feet, (0.60 meters).
- All walls and fences shall match the home design.
- In case there is an iron fence, it shall be decorative and approved by the Architectural Design Committee.
- All walls made with brick or blocks, shall have a stucco finish.
VEHICLE ACCESS.-
Vehicle access and parking spaces for each one of the homes, shall comply with the following requirements:

  1. Vehicle access shall only be permitted in the front.
  2. Minimum width of vehicle entrance shall be 10 ft. (3 meters).
  3. It is not permitted to park on the street, except on designated spaces.
  4. Parking work trucks, boats, campers, motor homes, etc., shall not be permitted, unless the parking area dimensions allow it, and the design of the aforesaid shall be presented separately to the Committee for review, approval, and authorization.  
  5. Garages shall be located inside the construction area.

LIGHTING.-
DESERT LAKES exterior lighting shall provide a soft and indirect lighting, with a protected shield to avoid interfering with other houses, streets, halls or natural areas. Use of light bulbs with different intensity to provide soft lighting on entrances and exterior lights, and to accent the architectural characteristics of the garden, is recommended.
In halls, main entrances and vehicle access, lighting shall be of low height; in the walls, light shall be indirect and aimed downward; garden lighting shall be hidden behind walls or garden bushes.