Design Rules (v2012, Rev 4)

AI Design Assistant

APPROVALS & PROCEDURES

RULE 1. GENERAL

The Design & Construction Rules form part of the “Bajamar Covenants, Conditions and Restrictions” (hereinafter called the “Bajamar Protections” or the “Bajamar CCR’s”) issued by Desarrollos Urbanos de Baja California, S. A. (hereinafter called DUBCSA) and dated February 15, 1974. The Rules have been established pursuant to Section 4.04 of said Protections, and shall be administered by the Design Committee as provided in the Protections, subject to amendment by said Committee. Members of the Design Committee are appointed by the Board of Directors of the Bajamar Home Owners Association (BHOA).

RULE 2. SCOPE OF THE RULES

a. Construction Activities: The Design & Construction Rules are applicable to the following activities in Missions San Diego and Todos Santos:
i) Alteration of existing natural vegetation on vacant lots.
ii) The construction of any new exterior structures such as, but not limited to, houses, garages, pools, sheds, store rooms, walls, shade structures, etc.
iii) The alteration, modification or renovation of the exterior of any existing structure.
iv) The use of vacant lots for purposes other than construction of a residence such as, but not limited to, garden, pool, storage of materials or vehicles, etc.
b. Exterior Construction: No exterior construction work or exterior alterations to a vacant lot or its natural vegetation shall be undertaken by the owner of a property in Missions San Diego and Todos Santos without first getting the approval of the Design Committee.
c. Interior Construction: The alteration or renovation of the interior of an existing structure is the sole responsibility of the owner and is not the purview of these Design & Construction Rules unless the exterior shell (walls or roof) is altered or modified (eg: a new or altered window, door, roof, balcony, etc). It is recommended that a licensed architect or civil engineer be engaged by the owner if any interior renovations involve modifications to the existing structural fabric of the building.
d.- Clarification of the Design & Construction Rules and Appendices: The Design Committee, at its sole discretion, shall clarify any discrepancies, anomalies, or ambiguities that may exist within these Design & Construction Rules and Appendices.

RULE 3. PROOF OF OWNERSHIP

a.- Documents for Proof of Ownership: To obtain Design Committee approval for a construction project in Missions San Diego and Todos Santos, it is first required to prove ownership of the property and BHOA membership in good standing. The BHOA General Manager will inform the owner what documents are required for Proof of Ownership. A copy of these documents is to be kept on file in the BHOA office.
b. Project Acceptance: The Design Committee will not accept any project without the BHOA General Manager’s verification of ownership and BHOA membership in good standing.

RULE 4. PROJECT AGREEMENT DOCUMENT

a. Sign Agreement Document: In addition to Proof of Ownership, the owner, the RDP, the building contractor and the owner’s on site construction representative (RDO) must sign the “PROJECT AGREEMENT” document (Appendix D) signifying their understanding of its contents and agreement to follow all the rules stated therein during the design and construction phases of the project.
b. Major & Minor Construction Projects: The Project Agreement must be signed for “Major” construction projects only. However, the owner may be requested to sign the Project Agreement for “Minor” projects if there is substantial construction work to be undertaken.

RULE 5. FEES & DEPOSITS

a.- Design Phase:
i) Major Construction Projects: The owner is required to pay a non-reimbursable “Review Fee” for the review of plans related to a proposed MAJOR construction project. The fee is paid to a designated Licensed Architect, hereinafter called the Design Committee Architect, acting on behalf of the Design Committee. The Design Committee Architect reviews all the drawings and documents submitted for the “Preliminary Plan” review and the “Final Plan” review. A check for the amount shown in Appendix C, made payable to the Bajamar Homeowner’s Association, must be given to the BHOA General Manager before the Design Committee Architect will commence the review process.
ii) Minor construction Projects: No fee is required to review plans related to MINOR construction projects. Plans for minor construction projects are reviewed only by the Design Committee and not by the Design Committee Architect.
b. The Construction Phase:
i) The owner is required to pay a reimbursable “Construction Deposit” for both Major and Minor Construction Projects. The amounts are as shown in Appendix C. This deposit is to ensure the cleaning and/or repairing of adjacent properties, roads, curbs, etc., that may have been damaged by the construction process, and to ensure adherence to the Project Agreement document signed by the owner.
ii) At the end of a project, the owner must request reimbursement of the “Construction Deposit” by filling out the “Request for Return of Construction Deposit” form obtainable from the BHOA General Manager. The Design Committee will then inspect the construction site for compliance. Three (3) members of the Design Committee must sign off on the “Request for Return of Construction Deposit” form before the BHOA General Manager will issue a refund check. A refund will not be issued until all of the project has been fully completed in accordance with the approved drawings. This includes, but is not limited to, house, garage, carport, service areas and buildings, boundary and garden walls, hard landscaping, pools, etc.
iii) The Construction Deposit will not be reimbursed until all Design Committee inspection requirements are met, all fines have been paid (if any), all BHOA dues are current at the time the request for refund is made, and a copy of the Construction Completion Certificate (Terminación de Obra) issued by the Ensenada Building Department has been received by the Design Committee.
c.- BHOA Processing Fee: The owner is required to pay a non-reimbursable BHOA processing fee to cover the cost of mail, telephone, forms, documents, copies and supplies related to the processing of the owner’s project from initial application to final occupancy permit. The amount is as shown in Appendix C.

RULE 6. MAJOR CONSTRUCTION

a.- Definition: Major construction is defined as the construction of any structure which requires a “Building Permit” from the authorities at the City of Ensenada Building Department. This would include, but is not limited to, the construction of a new house, garage, a boundary or garden wall over 2m and the addition of major elements to an existing house or structure. It is the owner’s responsibility to contact the Ensenada Building Department and determine if a Building Permit is required.
b. Review Stages: All Major Construction projects go through two (2) review stages as follows: 1) the Design Committee Architect’s review of the “Preliminary Plans” and “Final Plans” and 2) the Design Committee’s review of the “Final Plans”.
c. Preliminary Plans: Preliminary Plans are scaled drawings showing only basic information about the project. These plans can easily and quickly be modified by the owner’s architect (RDP), if required, during the review process. Note that no plumbing, electrical, mechanical, structural, or architectural details are required in the Preliminary Plan stage.
d. Final Plans: Final Plans (called the “Executive” plans in Mexico) are drawings containing all the details, dimensions, and technical specifications needed by the builder during the on site building process. These are the drawings that are “signed off” as approved by the Design Committee and submitted to the Ensenada Building Department for a Building Permit.
e. – Preliminary Plan Review by the Design Committee Architect: Submit two (2) copies of preliminary plans to the BHOA General Manager (NOT to the Design Committee Architect) along with a check for the Review Fee (refer to Rule 5 and Appendix C). One copy of the drawings is for BHOA files and the other is for the Design Committee Architect. The drawings must show the following information, as a minimum, or they will not be accepted for review:
i) Owners name, mission, block and lot number.
ii) A map of the Mission (available at the BHOA office) showing lot location.
iii) Ground floor plan with exterior landscaping, terraces, pergolas and service areas, upper floor plan (if any), 4 house elevations, 2 house sections, 4 boundary wall elevations, 1 roof plan, all at a minimum scale of 1:100.
iv) The dimension of all setbacks from all the property lines and topographical surveys. The dimension of the front property line from the edge of the concrete curb along the public road.
v) The heights of all exterior house walls, roofs, domes, chimneys, boundary walls.
vi) The percent of lot area to be covered by construction i.e.: ratio of total ROOFED area to the area of the lot.
vii) The percent of clay tile roof.
viii) NO plumbing, electrical, mechanical, structural, or architectural details are required at this stage.
f.- Final Plan Review by the Design Committee Architect: After the preliminary plans are approved by the Design Committee Architect, submit one (1) original and three (3) copies of Final Plans to the BHOA General Manager along with a sample of the white color and trim color that is proposed for the exterior of the structure. The Final Drawings must show the following information, as a minimum, or they will not be accepted for review:
i) All information required in the Preliminary Plan stage above plus the following:
ii) A plan of the lot location in Bajamar, the lot dimensions, and the total lot area.
iii) Architectural, structural, electrical, and plumbing drawings showing elevations, sections and details of all construction elements on the lot, such as, but not limited to, house, garage, pergola, terraces, walks, planters, pools, driveways, entrance gates, boundary walls, chimneys, cupolas, domes, utilities and trash area, etc. Drawings shall be at a minimum scale of 1:75.
iv) Roof slopes, drainage of surface water, materials of construction, boundary wall heights/elevations.
v) All setbacks from the property lines dimensioned and clearly shown.
g.- Final Plan review by the Design Committee: When Final Plans and color samples are reviewed and approved by the Design Committee Architect and/or by the Design Committee, they will be signed off by 3 members of the Committee. The General Manager will then inform the Owner the amount of Construction Deposit required. The original and two (2) copies of the signed drawings will be given to the owner, along with a letter in Spanish, to give to the Ensenada Building Department in order to obtain a building permit from the city.
h. Variances: During the review process, the Design Committee Architect may contact the owner, or the owner’s architect (RDP), to discuss Architectural Design Rule violations and suggest ways they may be rectified. If agreement cannot be reached, the OWNER (NOT the architect) shall submit a letter to the Design Committee requesting a variance be granted for a particular rule. The letter must state the reason why the variance is needed and why the project cannot be designed using the existing rule. The Design Committee will present the variance request to the BHOA Board with its recommendations.
i. Presumed Compliance to the Architectural Design Rules: The Design Committee operates on the basis that all drawings submitted for review and approval comply with all the Architectural Design Rules unless a variation has been approved in WRITING. Variations that are shown on the drawings but do not have written approval from the Design Committee are not valid even if the drawings have been approved and a building permit has been issued.
j.- Deviations from the Architectural Design Rules: Any deviations from the Architectural Design Rules which have not been approved in writing by the Design Committee as official “Variations” and which have been brought to the attention of the owner during either the Design Phase or the Construction Phase of the project must be rectified by the owner at the owner’s expense.
k. Time Allowance for the Review Process: The owner should allow a minimum of 4 weeks for completion of the review process. An additional 2 to 3 weeks should be allowed for the issuance of a Building Permit by the Ensenada Building Department.
l.- Time Allowance for Start of Construction: The owner must start construction within one (1) year of the date that the Design Committee has approved the project (ref: Bajamar Protections, Article III, Section 3.03d). Resubmittal of the project to the Design Committee is required after one year.

RULE 7. MINOR CONSTRUCTION

a.- Definition: A minor construction project is one requiring no RDO or building permit from the Municipal Authority in Ensenada, according to Articles 68 and 59 of the Construction Law for the State of Baja California. Examples of minor construction include, but are not limited to, changes to exterior walls/roof of an existing structure, external painting, exterior tile decorations, pools, alternative uses of vacant lots, etc. The Design Committee will determine if a proposed project qualifies as Minor construction.
b. Review Procedure:
i) Submit to the Design Committee, through the BHOA General Manager, the following documents: 1) a letter containing the owner’s name, mission, block number, lot number and a brief description of the work to be done, 2) a plot plan at a scale of 1:100 showing the existing building on the lot with its front, side and rear setbacks, and the location of the proposed project, 3) a drawing of the work to be done (hand drawn plans are acceptable), and 4) a paint color sample if applicable (refer to the color chart in the BHOA office for a range of whites that has been approved by the BHOA Board (no other colors will be allowed).
ii) The Design Committee will review the submitted information. The General Manager will then advise the applicant of its findings and what construction deposit is required. The owner may be requested to sign the Project Construction Agreement form if there is substantial construction work to be undertaken.

RULE 8. COMPLETION OF CONSTRUCTION

a. Major Construction Projects:
i) When all the construction work that is shown on the FINAL drawings of a MAJOR construction project is complete, when the owner has received a “Completion Certificate” (Terminación de Obra) from the Ensenada Building Department, and when all contracts and connections for water, fuel and electricity have taken place, the owner (NOT the RDO, or builder) shall request, in writing, an Occupancy Permit from the Design Committee.
ii) When the written request is received, the Design Committee will inspect the project to determine if all the work has been completed, if construction has followed the approved plans, and if there has been any damage done to the surrounding properties, common area, roads, walkways, etc.
iii) If the Design Committee identifies that there is work to be completed, damage to be repaired, or modifications to be made to comply with the approved drawings, an Occupancy Permit will not be issued, and the building must not be occupied. When all remedial work has been completed to the satisfaction of the Design Committee, an Occupancy Permit will be issued by the BHOA General Manager.
iv) If the project does not comply with the approved plans and the owner fails to remedy such non-compliance within 60 days of notification by the Design Committee, the Design Committee shall notify the BHOA Board of Directors of such failure, and the Association, at its sole discretion, may require the owner to remove or undertake remedial work to correct the deviations.
v) No building shall be occupied permanently or temporarily until the required Occupancy Permit has been issued.
vi) Under Article 65 of the Construction Law for the State of Baja California the Ensenada Building department must be notified when a project is complete and a “Completion Certificate” (Terminación de Obra) must be obtained. A copy of this document is required by the Design Committee before an Occupancy Permit is issued and before the owner’s construction deposit will be refunded.
vii) Note that the deposit will not be refunded until a “Terminación de Obra” is obtained from the Ensenada Building Department.
b. Minor Construction Projects:
i) When all construction is complete on a MINOR construction project, and when all contracts and connections for water, fuel and electricity have taken place, the owner (NOT the architect or builder) shall notify the BHOA General Manager in writing.
ii) When the written request is received, the Design Committee will inspect the project to determine if all the work has been completed, if construction has followed the approved plans, and if there has been any damage done to the surrounding properties, common area, roads, walkways, etc.
iii) If the project does not comply with the approved plans and the owner fails to remedy such non-compliance within 60 days of notification by the Design Committee, the Design Committee shall notify the BHOA Board of Directors of such failure, and the Association, at its sole discretion, may require the owner to remove or undertake remedial work to correct the deviations.

ARCHITECTURAL DESIGN RULES

RULE 9. SINGLE FAMILY ZONING FOR MISIONS

a.- Article 3.08c of the BHOA Protections states that “Project Areas shall be used exclusively for residential or for related recreational-service purposes and no more than one family (including its servants and transient visitors) shall occupy a unit within such project”.
b.- Misions San Diego and Mision Todos Santos are zoned for only single family homes.
c.- In accordance with Article 3.08c above the Design Committee cannot approve any application for a project that it determines could or would be used as a multi-family unit. Nor can the Design Committee waive, grant a variance, or otherwise render approval for any improvement which is prohibited by any of the articles of the BHOA CC&R’s.
d. A single family house in Mision Todos Santos and San Diego may include one (1) auxiliary dwelling unit (ADU) which is subsidiary to the primary dwelling. An ADU must not exceed 55sq meters, and have no more than 1 bedroom, 1 bathroom, 1 living/dining area, 1 small kitchenette, and 1 entrance. No other rooms are allowed. The ADU must comply with zoning ordinance 3.08c of the BHOA Protections and not be used as an additional family residence.

RULE 10. LOT COMBINATION

a. From time to time a member may purchase two (2) adjacent lots in order to build a larger home using the two lots or to complete major remodeling which expands the existing home into the adjacent lot. In these cases the owner may apply to the BHOA to combine said adjacent lots into one. No other uses or reasons for combining the lots will be considered.
b.- The lot combination is subject to the requirements listed in the LOT COMBINATION agreement form of Appendix E to the Design & Construction Rules.

RULE 11. GUIDELINE DRAWINGS

a. Appendix B: The drawings of Appendix B illustrate the Rules for setbacks, heights, overhangs, parking, etc., and shall be used as guides in all submissions to the Design Committee. Note that “heights” are maximums and “setbacks” are minimums. “Setbacks” are areas in which no structure is allowed, ie: a “no-build” area. Overhang dimensions apply to overhangs of roof, balconies, and the 2nd level of a 2 story house.
b. Setback Dimensions & Boundary Lines:
i) Setback dimensions define the “no-build” area on a lot and are measured from a lot’s boundary line to the outside finished surface of the exterior wall which is closest to the boundary line. Setback dimensions are not measured from the boundary line to the centerline of an exterior wall.
ii) Setback dimensions prevail and take precedence over the 50% site coverage allowance stated in Rule 13. On small lots it may not be possible to achieve a maximum site coverage of 50% as allowed in Rule 13. Variances to Setback dimensions will not be approved by the Design Committee to allow a larger site coverage.
iii) The front boundary line of a lot is usually 1.5m to 2.0m from the edge of the concrete curb on the public road. The exact dimension must verified by a Licensed Land Surveyor. This dimension must be shown on the final drawings of a project to avoid costly relocation of the house foundations if incorrectly positioned. The area between the road and the property line does not belong to the homeowner. It is a Bajamar legal “right of way” reserved for driveway and footpath access to the house, for electrical/water/telephone services, and for possible planting along the street if approved by the Design Committee. The final drawings must indicate how this area is to be finished. The BHOA requires the driveway and footpath to the house be kept to a minimum size and the services/planting area must be as large as possible.
c.- Discrepancies: If there is a discrepancy between a drawing and the written text of the Design & Construction Rules, or a discrepancy between the English and Spanish translation, the Design Committee will determine which document is to be followed. In addition, the Design Committee, at its sole discretion, shall clarify and interpret any discrepancies, anomalies, or ambiguities that may exist within the Design & Construction Rules and its Appendices.

RULE 12. ARCHITECTURAL STYLE

a. Mexican Architecture: The architecture, exterior siting and landscaping shall be restrained and express the indigenous qualities of contemporary Mexican Architecture, with a strong influence of its colonial or Hispanic inheritance, in order that a visually quiet unity shall prevail over individual expression for the enjoyment of the entire community as well as the public at large. No artificial, faddish, conspicuous, or regionally unsympathetic building, wall, color or landscape material shall be approved by the Design Committee.
b. Exteriors facing Public Streets: Special attention shall be given to all exteriors that face upon public streets, common areas, restricted private areas, the golf course and participating facilities.

RULE 13. EXTERIOR COLORS

Approved Whites: Exterior colors shall be limited strictly to the range of whites approved by the BHOA Board and exhibited in the BHOA office. No colors outside the range of approved whites will be allowed. Sample chips of these colors may be obtained from the BHOA General Manager. The Design Committee will not undertake the Final Plan review until a white color sample has been submitted along with a sample of any trim color which may be used.

RULE 14. ROOF AREAS & DESIGN

Requirements:
a. All sloped roofs must have an inclination of not less than 1 vertical to 4 horizontal units of measure; IE: a 25% inclination from the horizontal.
b. At least 80% of the “Total Roofed Area” must be sloped and covered with indigenous red clay tile. A maximum of 10% of this Roof Area may be allocated to domes or cupolas that are not covered with indigenous red clay tile.
c. “Total Roofed Area” includes all surfaces built, at any level, over living spaces, garages, ancillary structures, terraces, patios, and walkways. “Roof Area” excludes roof surfaces constructed with open lattice or trellis designs as approved by the Design Committee.

RULE 15. SITE COVERAGE

Maximum Site Coverage: In no case shall the total ROOFED coverage of the lot exceed 50% of the lot area. Examples of roofed areas to be included in the calculations of the site coverage are as follows: Ground level – main floor plan. Ground level a roofed terrace, patio, entrance portico, walkway, garage, carport, etc. Upper level – a roofed overhang such as balcony, terrace, floor structure, etc. Any other exterior area that is covered with a roof, such as service areas, utility structures, etc.

RULE 16. MINIMUM CONSTRUCTION AREA ALLOWED

Area Requirement: All units shall have a minimum living area of 48 square meters and shall include complete bath and kitchen facilities.

RULE 17. SIDE YARDS

Design Details:
a.- A house with one or two side yards may be built on lots with a frontage of less than 10m.
b. A house with two side yards must be built on lots with a frontage of 10m or greater.

RULE 18. PROPERTY LINE HOUSES

This Rule seeks to allow owners of small lots to create a larger side yard or garden, if approved by adjacent property owners. In addition, this Rule will allow two adjacent owners of small lots to build two smaller homes on the property line giving the appearance of one large home. In these cases, the homes must be of compatible architectural design and adjacent property owners must give their consent. No additional lot utilization is allowed, as applicable by rule 15. Homes of this type are expected to be the exception and must be approved by the design committee and adjacent property owners must give their consent.

Design Details:
a.- Property Line houses are houses in which one of the sides (but not the front or back) is built 2.5cm from one of the side property lines. Property Line houses may only be built on lots with a frontage of less than 10m or on lots with unusual shapes which would make it difficult to build a home unless built on the property line as determined by the Design Committee.
b.- A Property Line house may be built on any one of the side property lines. The homeowner must obtain written approval to build to the property line from the owner of the lot adjacent to the property line on which the house is to be built. If an adjacent neighbor has already built a wall on one of the applicant’s boundary lines the applicant must locate his new wall on this boundary line.
c.- The side yard of a Property Line house must be the minimum width that is shown on the drawings of Appendix B.
d.- A Property Line house shall not be structurally attached to an adjoining Property Line house. The two property line walls shall be a minimum of 5 cm apart from each other (2.5cm on each lot), and the space between the walls must be rain flashed and rodent sealed by the second BHOA Member to build as shown in Appendix B drawings.
e.- Property line houses that abut each other shall be built so that the natural slope of the ground is toward the single side yard and the front yard. The natural slope of the roof must be towards the side yard, and/or the front and rear yards.
f. -No openings shall be allowed in a property line wall, such as, but not limited to, windows, doors, and grilles. No appendages shall be allowed on an exterior surface of a property line wall, such as, but not limited to, stairs, air-conditioning units, dryer or heater exhaust ducts, chimneys, and plumbing pipes.

RULE 19. CORNER LOTS & UNUSUALLY SHAPED LOTS

Restrictions: Due to the unusual sizes, shapes, and circumstances associated with corner lots and with unusually shaped lots, the Design Committee must be consulted prior to the design and layout of the house to determine which side of the lot is to be considered the frontage and which setback dimensions are to be applied.

RULE 20. ONE STORY HOUSE LOCATIONS

Locations Allowed:
a.- Houses shall be limited to one story construction above the street level and to a maximum height of 5.40 meters in the following locations:
> Mission San Diego – block 03, lots 12 through 16 inclusive
> Mission Todos Santos – block 01, lots 01 through 16 inclusive and block 02, lots 01 through 12 inclusive.
b. All other lots may have houses up to a maximum of 2 stories and 8 meters in height.

RULE 21. RESTRICTED PRIVATE AREAS

a. Location: There shall be a three (3) meter Restricted Private Area inside the rear property line on all lots adjacent to the golf course, common areas, lakes and ocean view promontories. The Restricted Private Area shall extend the full width of the property (ie: from property line to property line) and extend 3m into the property from the rear property line.
b. Construction Restrictions: No structure, except benches or walls shall be permitted anywhere within the Restricted Private Area. Benches or walls (including boundary walls at the rear AND sides) shall be no more than 75cm high.
c.- Purpose of Rule: The purpose of this rule is “to assure that the Restricted Private Area is maintained in a manner that is attractive when viewed and does not inhibit views to the adjacent open space” (ref: Bajamar Protections Article III, Section 3.04).
d. Unusual Conditions: Due to unusual grade slopes or site conditions, this rule may be modified by the Design Committee at its sole discretion.

RULE 22. HEIGHTS OF STRUCTURES & BOUNDARY WALLS

a. Structures:
i) The maximum height of any structure is limited to eight (8) meters except where noted in Rule 20. The height limit is measured from the finished grade surrounding the structure to the highest point of the structure (eg: roof ridge, chimney cap, cupola top, dome apex, etc). Finished grade within the lot shall be measured as a minimum of 18cm below the ground floor level at the front entrance to the house from the public road.
ii) The maximum height of any structure in Mission San Diego along the ‘bluff” (Blocks 02 & 03) is limited to eight (8) meters as measured 18cm below the ground floor level at the front entrance to the house from the public road.
iii) The finished grade level at the front entrance to the house shall not be higher than 0.5m from the public road at the front of the house.
iv) On irregular lots or lots with special conditions or slopes, the Design Committee shall determine the level from which the height of a structure shall be measured.
b.- Boundary Walls:
i) Boundary Walls are optional but, if built, the maximum height of the wall erected along any property line shall be 1.75m as measured from the finished grade level within the lot. Finished grade within the lot shall be measured as a minimum of 18cm below the ground floor level of the house. On irregular lots or lots with special conditions or slopes, the Design Committee shall determine the finished grade level.
ii) Within a Restricted Private Area, a wall, a boundary wall, or any other structure shall be limited to a height of 75cm.
iii) Boundary walls shall be constructed of masonry material with a cement plaster and white painted finish on both sides. No chain link fencing, wood, plastic, fiberglass, etc. shall be permitted. All boundary walls must be shown on the submitted architectural drawings and approved by the Design Committee.
iv) Boundary walls may have a trellis on top of the wall to support vines and other garden plants. The height, type, and design of the trellis must be approved by the design committee.
v) All new and existing boundary walls surrounding a lot must be shown on the final drawings with a label indicating which are existing and which are new. Existing boundary walls that belong to adjacent properties must not be used as retaining walls for soil or fill unless the finished grade is lower than the finished grade of the adjacent property. If the finished grade is to be higher than the adjacent property a separate wall must be built that does not touch the neighbor’s existing wall.
vi) If there is to be a front boundary wall or an entry gate the elevations and details must be shown on the drawings. The gate must not exceed 2.6m in height. The front wall/gate must not be constructed on site if Design Committee approval has not been obtained.

RULE 23. PARKING

Parking Restrictions:
a.- Each residence must provide for at least one automobile parking space within the limits of the residence lot.
b. Parking of recreation vehicles, motor cycles, boats, motor homes, trucks, and trailers is allowed within the limits of the residence lot provided they are parked in an enclosed garage or hidden behind 1.75m high walls and a 1.75m high driveway gate/door which is solid or opaque.
c.- Parking of construction vehicles is allowed in the streets of Mission Todos Santos and Mission San Diego for a period of no more than 72 hours. Fines and/or towing of the vehicle may be imposed if this time limit is exceeded. Refer to Appendix C.
d. Parking of homeowner’s and visitor’s recreation vehicles, motor cycles, boats, motor homes, trucks, and trailers is allowed in the streets of Mission Todos Santos and Mission San Diego for a limited period of time as specified in the BHOA “Rules of Conduct” which is managed and administered by the BHOA Board of Directors. Parking of homeowner vehicles on the street is not the purview of the Design Committee.
e. Parking of a vehicle of any kind is not allowed in common areas, private areas, vacant lots, or main access roads leading to or from Missions San Diego or Todos Santos.
f.- Living temporarily or permanently in tents, recreation vehicles, boats, motor homes, trucks, house trailers, tent trailers, or any other such enclosure is not allowed at any time including during the construction phase of a project whether the vehicle/enclosure is located within a lot, common area, or on the street.
g.- No maintenance or repair activity of construction vehicles or equipment is allowed in the streets of Mission Todos Santos and Mission San Diego.

RULE 24. ACCESSORY STRUCTURES

a. Definition: There are 2 categories of accessory structures:
Category A) – storage structures such as, but not limited to, storage rooms, pump rooms, utility rooms.
Category B) – shade structures such as, but not limited to pergolas, gazebos, trellises, patio roofs, awnings, canopies, trellis, BBQ’s, etc.
b.- Design Details:
Category A) – storage structures:
i) All such structures must be approved by the Design Committee prior to construction.
ii) No such structure shall be built/erected within the setback areas shown on the drawings of Appendix B unless approved by the Design Committee.
iii) All such structures shall be constructed from the same materials used for the main house structure. Wood, plastic, canvas, metal, or other similar material shall not be permitted. Prefabricated/prebuilt storage structures shall not be permitted.
Category B) – shade structures:
i) All such structures must be approved by the Design Committee prior to installation.
ii) No such structure shall be built/erected within the setback areas shown on the drawings of Appendix B unless approved by the Design Committee.
iii) All such structures shall be constructed from the same materials used for the main house structure. The Design Committee, under its sole discretion, may approve the use of prefabricated structures made from canvas, plastic, light aluminum or steel frames or other similar materials provided the structure, in the opinion of the Committee, meets the esthetic criteria stated under Rule #12 – Architectural Style.
iv) Garden or patio umbrellas greater than 10 feet in diameter must be approved by the Design Committee.

RULE 25. SERVICE ENCLOSURES, PROPANE TANKS

a. Definition: All houses shall have a four-sided walled enclosure adjacent to the front property line to enclose trash awaiting collection, service shut-off valves, water and electricity meters, and fuel tanks.
b.- Design Details:
i) The walled area shall be of a size and shape to conform to the requirements of the CFE (the Baja California electrical utility company), and of the State Agency for Public Services in Ensenada. A roof is required for the electrical meter. A roof over other service areas is optional.
ii) All exterior equipment, such as but not limited to, pool or water pumps/filters/tanks, water heaters, heating equipment, garden tools, etc., shall be fully enclosed on all 4 sides.
iii) All such walled areas shall be fitted with doors to screen their contents from the street or neighboring properties.
iv) All service enclosures shall be constructed from the same materials used for the main house structure. No wood, metal, plastic, or other similar material shall be permitted.
v) All Propane tanks installed in Bajamar shall be new, not used. A cover over the tank is recommended for weather protection. Installation must conform to the specifications of the government document “Instalaciones de Aprovechamiento de Gas L.P. Diseño y Construcción” published by the SECRETARIA DE ENERGIA.
– Article 7.3 tank must be at least 1.5m away from any electrical meter to prevent sparks from igniting any gas which may escape out of the tank.
– Article 6.1.3.10.2 – tank safety valves must be replaced every 5 years. Enforcement of this regulation is the responsibility of Mexican government inspectors.
– Article 6.1.3.10.4 – the entire tank must be replaced every 10 years. Enforcement of this regulation is the responsibility of Mexican government inspectors.
– Article 6.1.1.9 walls built to hide the tank must be of masonry construction, no higher than 0.6m above the top of the tank, with a space of 0.6m between the wall and the tank, and have ventilation at the bottom.
– Article 6.1.3.5 – an open space of at least 0.6m is required in front of the tank for ease and safety of filling.

RULE 26. PERGOLAS

Design Details:
a. Pergolas, or trellises for sun control, shall be limited to one level in height and shall have an open type, lattice, roof. A sunscreen fabric may be used to cover the roof if approved by the Design Committee. They shall be located only where, and of a size and design, approved by the Design Committee.
b. Awnings or canopies for windows, sliding doors and other areas must be approved by the Design Committee. Cover materials must be approved by the Design Committee.

RULE 27. DRAINAGE

Design requirements:
a.- All rain drainage shall be carried to the street adjacent to the front property line. The Final Drawings submitted to the Design Committee for approval must show the finished grading slopes and indicate with arrows the direction of flow of the rain drainage.
b. – Rain drainage from roofs must be directed in such a manner so as not to fall on, or be blown into, neighboring properties. This may require the use of rain gutters and down spouts.

RULE 28. LOTS ADJACENT TO THE PASEO

Wall Design: All lots bordering the Paseo (the main “red” road) in Missions Todos Santos and San Diego shall have a wall along the Paseo side constructed to match the developer’s original wall height, design, finish, and color. The wall must be approved by the Design Committee.

RULE 29. EXTERIOR WATER FAUCETS & WATER STORAGE

a. A water faucet shall be provided on all major exterior house walls for fire protection. A minimum of 4 are required.
b. As the supply of CESPE water to Bajamar may be interrupted during periods of drought or water rationing it is recommended that an emergency water storage and distribution system be installed. This is not a requirement, only a recommendation.

RULE 30. EXTERIOR MATERIALS, LIGHTING, REFLECTIVE SURFACES

Design Restrictions:
a.- Materials used for the exterior of structures shall be in accordance with the standard architectural materials used throughout Bajamar. All exterior materials must be approved by the Design Committee.
b. If high intensity exterior lighting is provided, it shall have a light source that is not visible from neighboring properties. The location of all exterior lighting must be shown on all drawing elevations.
c. – Large areas of stainless steel, chrome, or reflective exterior surfaces other than glass for windows and doors shall not be permitted where visible from neighboring properties.
d. Materials for boundary walls, garden walls, and utility walls shall be masonry. No chain link fencing, wood, plastic, fiberglass, etc. shall be permitted. No fencing or walls made from chain link, plastic, or fiberglass, or other similar materials shall be permitted anywhere within a lot. All exterior boundary, garden, and utility walls must be approved by the Design Committee.
e. Refer to Rule 24 for materials allowed for Accessory Structures.
f. Owners are encouraged to use galvanized steel for all exterior steel work such as gates, stairs, railings and fencing. Hot dipped galvanizing (not electrostatic galvanizing) will extend the life of the steel, eliminate yearly painting, and prevent unsightly rust stains from “bleeding” onto walls and other visible masonry surfaces.

RULE 31. SATELLITE DISHES, SOLAR PANELS, LAUNDRY AREAS, POOLS, ETC

Design Restrictions:
a. There shall be no satellite dishes larger than 1 meter in diameter nor communication antennas higher than 1 meter in height that are visible from neighboring properties. Location and installation of all satellite dishes and communication antennas and similar towers must be approved by the Design Committee prior to installation.
b. Any appliances or exterior structures such as Heaters, air conditioners mini-split condenser or compressors etc., must be located on the ground floor and must not be located where they make excessive noise or be prominently seen. The location of these items must be approved by the Design Committee prior to installation.
c.- Solar Energy Policy.
The association encourages the use of solar energy within our missions. However, the location and types of panels must not detract greatly from a pleasant view of the property in question. All solar panels must be approved by the design Committee prior to installation.
1) Panels should not be placed on the ground or anywhere prominently on the property.
2) It is recommended that all panels be of the less reflective type.
3) The panels must be placed no more than 8″ or 20cm over the roof tiles NOT elevated on stand. They must follow the incline of the roof.
4) If This is not possible and the panels need to be elevated to maximize efficiency, they should be hidden from view of neighboring properties.
5) It is recommended that the panels face south as that way they will get the maximum exposure to the sun. If this is not possible other locations will be considered by the Design Committee.
6) The Total area of the panels must not exceed more than 25% of the roofed area of the home.
7) New construction projects, if solar is being considered to be installed, they must include in their initial design an area that could be used for the installation of solar panels without being seen from neighbors’ property or from ground level.
SUMMARY: Solar panels shall not overly reflective and their location should be on the roof of the homes, placed against the tile, NOT raised above the roof area. These should be placed on the roof being careful not to reflect on any windows of adjacent properties. Location of all such panels must be approved by the Design Committee.
d. There shall be no areas for the exterior drying of clothes/laundry on any property within Missions Todos Santos and San Diego.
e. All swimming pools, garden ponds, hot tubs, spas, saunas, and similar structures shall be submitted to the Design Committee for approval of design and location.

RULE 32. SEWER HOOKUP

Design Requirements:
a.- Sewer lines shall drain into existing sewer manholes provided at the front or rear of lots. Where a sewer manhole is located on an adjacent lot, the adjacent lot owner must be informed of the work to be done and how it is to be undertaken. Any damage to curbs, pavements, walls, vegetation and appearance of the adjacent lot must be repaired and made good to the satisfaction of the adjacent lot owner.
b. No rain water shall be connected to the sewage collection system since it would destroy the sewage disposal process by exceeding the volume of the plant’s design.
c. Connection of sewer and water lines to existing DUBCSA services must not be done until approval has been obtained from DUBCSA. Connection of lines must be done under the supervision of DUBCSA. Builders are required to immediately repair any services that are damaged during the construction process to minimize that amount of time neighbors are without water or sewer services.

RULE 33. SIGNAGE

Design Restrictions:
a. – Permanent street numbers on houses shall not exceed 10 (ten) cms. in height.
b. No signs shall be permitted except temporary signs such as “FOR RENT”, or “FOR SALE”. Signs shall not exceed 0.20 square meters in area (320 sq inches or approximately 16″x20″) unless approved by the Design Committee. “SOLD” signs shall not remain in place for more than 2 months after the “For Sale” sign has been changed to “Sold”.
c.- Signs shall not be placed in common areas or on public property. Signs may be placed on vacant lots only with the written consent of the owner (a copy must be given to the BHOA General Manager).
d. – No advertising or business signs that are visible from the street, common areas, or neighboring properties shall be permitted anywhere within Missions Todos Santos or San Diego, unless specifically approved by the BHOA Design Committee.
e. All signs, regardless of type or location, must be approved by the Design Committee prior to placement.
f. All signs, including “For Sale” or “For Rent” signs will not be approved by the Design Committee for any homeowner who is not a BHOA member in good standing. This would include, but is not limited to, owners who have not paid homeowner dues, fines, etc.
g. Signs which have been erected without Design Committee approval will be removed and placed in the BHOA office for collection by the homeowner or Realtor.

CONSTRUCTION RULES

RULE 34. CONSTRUCTION SITE REPRESENTATIVE

a.- Designate a “Construction Site Representative” (CSR): The owner must designate an official “Construction Site Representative” (CSR) whom the Design Committee can contact during the construction phase of the project. The CSR must be easily contacted by telephone and readily available to meet on site at short notice. The CSR must be someone who is in Bajamar on a daily basis. The owner must provide the name and telephone number of the CSR.
b. Contacting the Construction Site Representative: The CSR is the owner’s official on-site representative and will be the ONLY contact for the Design Committee/BHOA General Manager during the construction period. The CSR must be authorized by the owner to make on-site decisions and give on-site directions for and on behalf of the owner.
c. Who Can Be the Construction Site Representative: The CSR may be the owner’s RDO, the builder, or other suitably experienced and knowledgeable person in the building industry. The CSR may also be the owner, provided the owner has suitable knowledge and hands on experience in the construction industry and is available on a daily basis in Bajamar.
d. Design Committee Site Visits: The Design Committee may, with the assistance of the CSR, make site visits to verify setbacks, building dimensions, and other issues related to the Design & Construction Rules.

RULE 35. CLEARING OF LOT

a. Obtain Design Committee Approval: Lots may not be cleared under any circumstances until approval is obtained from the Design Committee. Such approval will not be granted until the owner has received a Building Permit from the City of Ensenada and a copy has been given to the BHOA General Manager. The Design Committee may, at its sole discretion, grant approval to clear vegetation from a lot so that accurate grade levels and measurements can be made prior to construction.
b.- Vegetation removal: Vegetation shall be carefully removed from the site without disturbing neighboring lots or Common Areas.
c. Construction Storage On Site: No building materials, equipment, storage sheds, tents, vehicles, boats, recreation vehicles, trailers, portable offices, or other such items, may be stored on a vacant lot without Design Committee approval. Such approval will not be given until a Building Permit has been obtained and a copy given to the BHOA General Manager.

RULE 36. STARTING WORK ON SITE

No work may commence on site until:
a.- A Building Permit has been obtained from the Ensenada Building Department and a copy given to the BHOA General Manager (a copy of the Building Department’s receipt for the Permit application is not acceptable) and,
b. The Building Permit is posted on the construction site in a location easily visible from the street by the Ensenada building inspectors and the BHOA General Manager.
c.- A meeting with the owner and all other parties involved in the construction phase have met with the BHOA General Manager and the BHOA Design Committee to review and receive direction on the construction rules included in the Design & Construction Rules document. The owner or his construction site representative must contact the General Manager to arrange this meeting. No work may commence on site until this meeting is held.

RULE 37. UTILITIES

Approvals from Utility Suppliers:
a. Permission must be obtained for electric meter installation from the Electric Company (CFE) and for water/sewer hookup from the DUBSCA administration office.
b. Connection of sewer and water lines to existing DUBCSA services must not be done until approval has been obtained from DUBCSA. Connection of lines must be done under the supervision of DUBCSA. Builders are required to immediately repair any services that are damaged during the construction process to minimize that amount of time neighbors are without water or sewer services.
c. Prior to the start of construction the builder and RDO are required to check with DUBCSA to determine where existing water and sewer lines are located. If any line runs across the construction site it is the owner’s responsibility to ensure they are properly relocated as directed by DUBCSA.
d. The builder is requested to report to the BHOA office any telephone lines that may run across the construction site. These lines were installed by homeowners without notification of the BHOA and no “As-Built” drawings are available.

RULE 38. PORTABLE TOILET

Provide On site Toilet: A portable toilet, or one approved by the Design Committee, must be installed on the construction site and properly maintained for use by the construction workers. Facilities at the Association’s swimming pools may not be used.

RULE 39. CONSTRUCTION WORK AREAS

Work within Construction Site: All construction work shall be conducted entirely within the lot area. No fabrication or material storage shall be allowed on common areas, private areas, vacant lots, sidewalks, curbs or streets.

RULE 40. BUILDING LAYOUT INSPECTION

a. Lot Markers:
i) The four corners of the lot must be located and marked on site with stakes driven into the ground by a licensed Land Surveyor. The licensed Land Surveyor must show the BHOA General Manager where the markers are located. These markers must not be removed until approval is obtained from the Design Committee. They will be used throughout the project by the Design Committee to verify that setbacks are being followed and wall locations are being built according to the approved plans. The land surveyor must give the Design Committee a copy of the plan used to lay out the property lines and lot corners.
ii) The front boundary line of a lot is usually 1.5m to 2.0m from the edge of the concrete curb on the public road. The exact dimension must verified by a Licensed Land Surveyor. This dimension must be shown on the final drawings of a project to avoid costly relocation of the house foundations if incorrectly positioned. The area between the road and the property line does not belong to the homeowner. It is a Bajamar legal “right of way” reserved for driveway and footpath access to the house, for electrical/water/telephone services, and for possible planting along the street if approved by the Design Committee. The final drawings must indicate how this area is to be finished. The BHOA requires the driveway and footpath to the house be kept to a minimum size and the services/planting area must be as large as possible.
b. Exterior wall locations:
Exterior wall locations must be defined by layout strings so that the Design Committee may check setbacks before footings or walls are constructed. The owner, or his Construction Site Representative, MUST notify the BHOA General Manager in writing when the layout strings are complete. NO foundation work may start until the setbacks are approved, in writing, by the BHOA Design Committee.

RULE 41. TRASH DISPOSAL

a.- Dumpster Required: For building material and other trash, one dumpster, with minimum dimensions of 2m x 3m x 2m, must be provided at owner/builder expense. It must be emptied at least once a week. It may be placed in front of the construction site and in the street for ease of pick up, but only at the curb edge. No trash may be stored on the street or in vacant lots.
b. Clean Up Each Day: The construction site and street must be left free of trash and cleared at the end of every construction day.

RULE 42. CONSTRUCTION HOURS

Limit to Work Hours: Construction workers are not allowed to live or camp at the site at any time and must leave Bajamar immediately after working hours. The hours that construction work is allowed in Missions San Diego and Todos Santos are listed in Appendix C. This schedule must be followed to ensure the security of the community as well as limit the noise, dust, dirt, and traffic of construction. If work is required outside of the approved schedule, it must be approved by the BHOA General Manager in advance. Approval will only be granted under extreme emergency circumstances.

RULE 43. PLAN CHANGES DURING CONSTRUCTION

Approval required: No changes of approved plans or materials are permitted without Design Committee written approval. Approvals must be obtained BEFORE changes are made or fines may be imposed as outlined in Appendix C. The Design Committee operates on the basis of “assumed compliance” to the Rules and does not, and cannot, maintain a continuous presence on a construction site to identify changes as they are occurring.

RULE 44. DAMAGE DURING CONSTRUCTION

Repair All Damage: Repair of damage to streets, walks and curbs, and neighboring properties that occurs during the construction phase shall be the responsibility of the owner. Repair and clean up shall match the conditions existing before construction commenced. The cost of repairing road damage is independent of the road “Wear & Tear” fee collected by the BHOA at the start of the construction phase.

RULE 45. TIME LIMITS FOR THE CONSTRUCTION PHASE

a.- Building Permit Time Limit: The Ensenada Building Department currently issues a Building Permit which is valid for a 6 month period. Extensions may be obtained, but work cannot continue on site if the Permit has expired. A copy of the extended building permit must be given to the Design Committee before work can continue on site.
b. Starting Work On Site:
i) The owner must start construction within one (1) year of the date that the Design Committee has approved the project (ref: Bajamar Protections, Article III, Section 3.03d). Resubmittal of the project to the Design Committee is required after one year.
ii) Construction work must start within 30 days after the construction site has been cleared. If work has not commenced by that time, then all materials, sheds, offices, vehicles, and other related items must be removed from the site. The site must be cleaned of debris and returned to its natural state.
iii) Suspension of construction for a period of more than 30 days will require that all materials, sheds, offices, toilets, vehicles, and other related items be removed from the site. The site must be cleaned of debris, existing construction elements must be made safe, and a wall around the site must be erected to prevent access. The wall must be approved by the Design Committee. Accidents, thefts, vandalism, and other misadventures that may occur to the project during its suspension period are the responsibly of the owner. Failure to undertake the above requirements for closing down an inactive construction site will result in the BHOA undertaking the work on behalf of the owner and deducting the cost from the owner’s Construction deposit. In addition, fines may be imposed by the BHOA Board of Directors.
c. Complete Work On Site: All construction work must be completed as stated in the “Second” clause of Appendix D of the form titled “Agreement for the Application of Bajamar’s Protections and Regulations of Construction”.

RULE 46. DEVIATIONS FROM THE RULES and/or APPROVED CONSTRUCTION DRAWINGS

a. The BHOA Protections: Article III, Section 3.03, paragraph “e” of the BHOA PROTECTIONS requires the owner to remedy any deviation from the approved Design & Construction Rules after notification from the Design Committee. If, after notification, the deviations have not been remedied in 60 days, the Design Committee is obliged to notify the BHOA Board of Directors. The Board may, at its sole discretion, require the owner to remove construction or undertake remedial work to correct deviations.
b. Ensenada Building Department: Construction work on the site may be stopped by the City of Ensenada Building Department (la Dirección de Control Urbano del Municipio de Ensenada) for deviations from the approved construction drawings.
c.- Fines: At the recommendation of the Design Committee, the BHOA Board of Directors may, at its sole discretion, impose fines for deviations from the Design & Construction Rules. A letter will be sent to the owner advising of the deviation, the amount of the fine and the date on which the fine will become effective. Refer to Appendix C for a schedule of fines.

APPENDICES

APPENDIX A. EXAMPLE OF PRELIMINARY PLANS

Guidelines for elevations, sections, floor plans, lot lines, boundary wall elevations, and roof plans. Click any image to view it full size in a new tab.

Appendix A - Image 1 Appendix A - Image 2 Appendix A - Image 3 Appendix A - Image 4 Appendix A - Image 5 Appendix A - Image 6

APPENDIX B. GUIDELINE DRAWINGS

Visual references for rules on private restricted areas, maximum boundary walls, overhangs, site coverage, height restrictions, and enclosures for services. Click any image to view it full size in a new tab.

Appendix B - Image 1 Appendix B - Image 2 Appendix B - Image 3 Appendix B - Image 4 Appendix B - Image 5 Appendix B - Image 6 Appendix B - Image 7

APPENDIX C. FEES, FINES & WORK HOURS

Review Fees
Plan Review Fee (Design Committee Architect) US$175 (non-refundable)
BHOA Processing Fee US$25 (non-refundable)
Construction Hours
Monday – Friday 7am – 5pm
Saturday 7am – 12 noon
Sunday No work allowed
Rule Violation Fines Amount
Rule 8. Construction Completion: move in without Occupancy PermitUS$100 / day
Rule 13. Exterior Color: color not approved by Design CommitteeUS$500 / month
Rule 23. Parking: construction vehicles on street beyond time limitUS$15 / day
Rule 27. Drainage: rain drainage onto neighboring propertiesUS$100 / day
Rule 33. Signage: posting of signs without Design Committee approvalUS$500
Rule 35. Clearing of lot: clear lot without Design Committee ApprovalUS$1,000
Rule 36. Starting Work on Site: building permit not obtained or not postedUS$1,500
Rule 38. Portable Toilet: no toilet on siteUS$100 / day
Rule 39. Construction Work Areas: working outside approved work area(s)US$1,000 / incident
Rule 41. Trash Disposal: no dumpster on site; trash on street/neighboring lotsUS$100 / day
Rule 42. Construction Hours: work after hours without Design Committee approvalUS$100 / hour
Rule 43. Plan Changes During Construction: changes without DC approvalsUS$1,000 / change
Rule 44. Damage During Construction: fine plus cost of repairsCost of repairs + fine
Rule 45. Time Limits for Construction: exceed time limit for construction phaseUS$1,000 / month
General: Fines recommended by the Design Committee and approved by the BoardAs approved
Area of Structure Construction Deposit (Refundable) Road Wear & Tear Fee (Non-refundable)
Major Construction
0 ft² – 499 ft²US$1,000US$0
500 ft² – 999 ft²US$2,000US$200
1000 ft² – 2999 ft²US$3,000US$300
Above 3000 ft²US$5,000US$500
Minor Construction
Not applicableUS$200Not applicable

APPENDIX D. PROJECT CONSTRUCTION AGREEMENT FORM

Legal agreement between BHOA and the owner/trustee regarding compliance with construction regulations, financial deposits, penalties, inspections, completion timeframes, and authorization for the BHOA to enter the property to ensure compliance or perform necessary demolitions in cases of abandonment or uncorrected violations.

APPENDIX E. LOT COMBINATION AGREEMENT FORM

A formal agreement allowing a member to combine two adjacent lots into one property for the purpose of building a larger home or completing a major remodel, stipulating that the lots must remain legally combined with the Ensenada government and that any future separation will result in retroactive dues, assessments, and interest penalties.