Architectural & Construction Guidelines and Process

The Covenants, Conditions, & Restrictions of the Mar Vista community were written in order to maintain harmony between neighbors, and to protect the community from unattractive and irresponsible construction, thus enhancing the overall beauty and cohesiveness of the development, maintaining property values and protecting the splendorous natural environment of the development for its flora and fauna.

In our community, the Covenants, Conditions, & Restrictions document exists as a private contract attached to the title of each property that supplements existing construction and design laws with the sole purpose of ensuring a cohesive and harmonious future for the community. As technology advances, and the needs of the community evolve, the CC&R's may be subject to updates or changes in order to stay relevant, just as any construction code or legal regulation would be. However, the overall purpose of the document, to create a harmonious and successful community, will never change.

In agreeing and adhering to the terms set forth in the CC&R's every owner in Mar Vista is agreeing to do his or her part to ensure that all owners can collectively protect the value, desirability and appearance of their investments and the overall community.

The Purpose of the ARC and these Guidelines

Article 3 of the CC&R's establishes that an Architectural Review Committee will be appointed to act as an independent committee responsible for ensuring that every improvement in Mar Vista adheres to the design and construction regulations set forth in the CC&R's. Once again, this process is meant to provide a consistent image and a harmonious community, thus protecting the quality of life and the investment of every owner and resident.

The CC&R's outline the overall review process for the Architectural Review Committee, but also allow a certain flexibility in its process by granting it the power to "adopt, amend, and repeal architectural guidelines, standards and procedures" as time progresses. As new technologies arise, or as the needs of the community change, the ARC may choose to exercise this flexibility. However, the ARC henceforth will commit to maintain and update this document along with a standardized set of requirements and restrictions, along with a history of changes and their justifications for the sake of transparency.

These guidelines must always convey specific design, construction, and site requirements, and will always be written so that every proposal may receive a fair and objective review.

Considerations

The ARC will consider all factors relating to the quality of proposed improvements and the compatibility and harmony of the proposed improvements with the natural environment. This will include but is not limited to location of the improvement on the property, proportions, impact on neighboring properties, color scheme, materials, design, shape, height, style, utility lines, site clearing, and site work. Additionally, the ARC will evaluate certain aspects of the construction process in order to minimize its impact on neighbors and the overall community.

The full review and building process consists of five phases:

1. Phase 1: Preliminary Design Review
2. Phase 2: Costa Rican Building Permit Process
3. Phase 3: Final Design Review
4. Phase 4: Construction Plan Approval & Contractor Registration
5. Phase 5: Compliance & Construction Inspections

Phase 1 — Preliminary Design Review (Maximum 30 Calendar Days)

Before submitting the plans to any government agency, the owner must present a complete project proposal package to the Architectural Review Committee as detailed in Section 7 of this document. The request will be evaluated against the ARC's review criteria and a response will be given within 30 calendar days. All new construction projects, remodels, or aesthetic changes require approval from the ARC and will be subject to a preliminary design review and will be subject to the fee schedule set forth in Section 6 of this document. If the owner or architect foresee any incompatibility with the guidelines herein, he/she may request a variance at any point during the approval process, including alongside the very first review application.

Absolutely no site clearing, excavation, grading, addition, alteration, repair or physical change to a building or lot is permitted before the receipt of written construction approval from the ARC (given upon completion of Phase 4).

Beginning work in any of the categories defined in Section 6 without prior written ARC approval is a violation of these Guidelines and of CC&R Art. 3 item 1 (Approval Required). In addition to the existing remedies (withholding of contractor guarantee deposit per Section 6 and the 48-hour correction window per Section 10), any project commenced without approval is subject to a $500 administrative fine payable before the application will be reviewed. This is not punitive; it is to ensure that the application path is always the easier path.

Phase 2 — Costa Rican Building Permit Process

Time varies per project. The Costa Rican building permit process should be managed by your Architect and/or Engineer.

Phase 3 — Final Design Review (Maximum 14 Calendar Days)

The purpose of the final design review is to ensure that an owner has obtained all required permits for the project. The permitted plans will also be reviewed to ensure that the final permitted design adheres to the same guidelines upon which the project received its preliminary design approval.

Phase 4 — Construction Plan Approval and Contractor Registration (Maximum 14 Calendar Days)

The construction process can be a source of disarray within a community. The Architectural Review Committee has compiled a list of construction site requirements and procedures in order to ensure a suitable living environment for the community during any construction within the community. Additionally, any company who wishes to provide construction/contracting services in Mar Vista will be first required to submit an application along with its plans for construction in order to ensure that the company complies with both the guidelines set to protect the community and is up to date with its licenses and permits. Once the contractor and construction plans are approved, the contractor must deposit a monetary guarantee. If the contractor does not comply with its construction plans, or if its construction process damages public areas or neighboring properties, part or all of the guarantee will be withheld.

Phase 5 — Compliance and Construction Inspections

Throughout the construction process, the ARC will inspect the construction process to ensure that the construction is being carried out in a respectful and safe manner. These inspections may be carried out by a member of the ARC or by a qualified individual hired by the ARC. The scope of the inspections will be based on the following construction benchmarks:

1. Site Clearing
2. Building Layout
3. Site work and excavation
4. Pre-pour inspection of Concrete Work
5. Completion of Structural Elements
6. Completion of Rough Plumbing and Electrical work
7. Construction Completion

If a proposal is not consistent with the covenants, conditions and restrictions, a request for variance may be made to the Architectural Review Committee. Section 3.35 states that "The ARC has the authority to and may occasionally grant certain variances when there is valid justification and where the variance does not have a negative impact on the adjacent properties or the neighborhood. All variances from these guidelines, which are requested, must be indicated on the Application for [Preliminary] Design Review with a substantial justification narrative. The ARC may not grant a variance to a covenant which is regulated by local municipal or Costa Rican law."

In these cases, the request of the variance may be submitted to the ARC before, during, or after the preliminary design review, and such requests will be evaluated and approved on a case by case basis. The ARC will have the authority to approve any variance so long as the request does not conflict with the overall charter of the ARC; however, no single variance approval will set a precedent for future variance approvals. To request a variance, include it in your online application — there is a dedicated field for the justification narrative — or email the ARC if you need more space than the form provides.

If an application is denied, the ARC will provide written details of the reason(s) for denial within 30 days after receipt of a complete application. The applicant may submit an appeal for reconsideration and a meeting with the ARC. Any appeals, re-submissions, requests for variance or additional filings will have 30 days for ARC review after receipt. The owner may also request that the HOA review the ARC decision.

During the review process, the ARC may incur costs. Such costs may include contracting third party Consultants hired to ensure accuracy during inspections or to resolve disputes. Because of this, the CC&R's permit the ARC to establish a fee or set of fees for its services. Additionally, the ARC has established the following exceptions to the in-depth review process as they do not require as much time. The fees and review exceptions are as follows:

If you are uncertain which of the four categories below applies to your project, please write to arc@brasilito.org or submit a brief description through the ARC website — the Administrator will help you identify the correct category. In every case, work may not begin before written approval is received.

A complete application should be submitted online. If considered incomplete, the applicant will be given notice of the deficiency. Upon receipt of a completed application the ARC will have 30 days to approve or deny it. All plans must be professionally drawn with sufficient and explicit details to allow the ARC to evaluate the design against its review criteria. All plans must be dimensioned in the metric system and submitted in a 1:100 scale. Remember that the designs of all proposed improvements must be resistant to earthquakes, heavy rains and high winds. Submit the entire package through the online application, or to arc@brasilito.org if the file sizes exceed what the form accepts.

Required submittals

• Online application — captures the project basics, your compliance statement, and any variance request you need to file. Replaces the old FORM A, FORM B, and FORM E paper forms.
• Proof of application fee deposit (contact the HOA Administrator for wiring instructions)
• Site Plan: Existing topography in 1-meter contour curves; placement of the house, outbuildings, site walls, driveways, walks, patios, decks, swimming pool, other recreational areas, setbacks and property lines; existing and planned site drainage; roofline in solid lines and finished exterior walls with dotted lines; specifications including grading, filling, excavating, trenching and disposal along with final 1-meter contour curves after proposed earth movement; any utility easements.
• Floor Plan for all floor levels — include placement of trash storage and a foundation plan with dimensioned setbacks from property lines.
• All four major elevation drawings or renderings — building height clearly marked, construction materials and finishes clearly communicated.
• Construction Material Takeoffs & Specifications — type and specifications of each material, color samples; specifications for driveway, walks, patios, decks and pool decks; manufacturers' specifications for proprietary materials; exterior and roofing material specification list and color scheme.
• Wall Sections and Construction Details — structural elements and any structural steel and rebar specifications.
• Plans and Elevations of any special features — retaining walls, swimming pools, utility structures.
• Mechanical and Electrical Plans — water storage tanks; septic or wastewater treatment facilities with runoff, venting, and access; exterior lighting; propane or other gas installations; exterior air conditioning compressors; electric power meter; mechanical systems showing stormwater management; specifications for any mechanical equipment, pool equipment, major appliances, exterior lighting fixtures and signage.
• Landscaping Plan — tree survey, irrigation system, any planned tree removal, plant species (to evaluate water requirements and comply with ecological restrictions).
• Any renders or visual aids the applicant feels would be useful.
• A Soils Study produced by a certified Soil Engineer.
• Sustainable features description.

The complete Final Design Review submittal should be sent digitally to the ARC. If considered incomplete the applicant will be notified of the deficiency. Upon receipt of a completed submittal the ARC will have 14 days to approve or deny it. Submit the entire package through the online Final Design Approval flow, or to arc@brasilito.org if file sizes exceed what the form accepts.

Required submittals

• Final Design Approval (online) — identifies the engineer/architect of record, electrical engineer, soils engineer, and site-inspection director técnico, each with CFIA inscription numbers. Any variance request not already on file is included here.
• A copy of the cédula and carnet of each design professional
• Complete set of approved plans stamped by the Colegio de Ingenieros y Arquitectos
• Certified copies of Municipal Permits
• Certified copies of SETENA permits
• Certified copies of INVU permits
• Certified copies of MINAET Tree Removal Permits (when applicable)

A complete submittal should be sent digitally to the ARC. If considered incomplete the applicant will be notified of the deficiency. All construction plans and timelines must be written in a digital word processor and sufficiently detailed to understand the process. Internet pictures and drawings will be permitted so long as they are legible. The ARC will have 14 days to approve this submittal. Submit through the online Builder Registration flow, or to arc@brasilito.org if file sizes exceed what the form accepts.

Required submittals

• Builder Registration (online) — company information, insurance, CFIA registration, three client references, and the builder's 29-item site-management responsibility acknowledgment.
• A copy of the cédula for each manager, representative, and foreman
• Certified copies of worker's compensation and general liability insurance policies
• Certification that the employer is up to date with the CR Social Security (C.C.S.S.)
• Proposed schedule of construction milestones for ARC inspection: site clearing, building layout, site work and excavation, pre-pour inspection of concrete work, completion of structural elements, completion of rough plumbing and electrical, construction completion.
• Detailed site excavation and excess earth disposal plan — including the approved route for earth movement trucks entering and leaving the development with an estimated number of total trips.
• Human and construction waste disposal plans — include permits from the health ministry for any temporary bathrooms and cleaning services.
• Site Security Plan — fencing, gates, cameras, etc.
• Erosion Control Plan
• Parking Plan
• Proof of insurance for: excavation/heavy equipment subcontractors; cement subcontractors.
• Proof of transfer of the refundable damage deposit of $5,000 (upon construction plan and contractor registration).

The Owner or builder is responsible for notifying the ARC upon completion of each milestone. The ARC will have one week to inspect the site during these milestones. Failure to report the completion of milestones may result in a fine assessed against the construction deposit. In the event of non-compliance with these regulations, CC&R's, or Bylaws of Mar Vista, the builder/owner will be sent a notification after which 48 hours will be given for correction. Failure to make the correction within that time will result in the builder, employees, sub-contractors and vendors being barred from the construction site until compliance is achieved. The following items will be inspected during the site visit, but the list is not limiting:

Site Clearing

• Ensure that only permitted trees and brush were removed
• Ensure that the lot boundaries are clearly marked

Building Layout Phase

• Setbacks
• Walls, fences, berms, swales, and similar structures: one meter from the property line
• Homes, utility buildings, pools, carports, and similar structures: setback is three meters from the property line
• View corridors are properly protected
• Layout corresponds to approved plans

Site Work and Excavation

• Erosion controls
• Pluvial drainage is correct
• Provisional electrical and water meter installed
• Temporary sanitary facilities installed
• Erosion control measures properly installed
• Wastewater systems trenched
• Storm water systems
• Supplemental water storage systems
• No common area damage or damage to neighboring lots

Pre-pour Inspection of Concrete Work

• Properly sized rebar installed
• Formwork adequate to prevent a blowout
• Walls, fences, and temporary barriers installed
• No construction materials or vehicles parked in public area or in neighboring lots
• Site has proper construction waste disposal facilities

Completion of Structural Elements

• Building heights respected
• Wall heights respected
• Structure properly installed to prevent collapse on neighboring structures

Completion of Rough Plumbing and Electrical Work

• Utilities properly concealed
• Electrical installation satisfactory to prevent fires

Construction Completion

• Built and finished as per approved plans