Guadalupe council delegates review of Sandpiper Lane patio enclosure to code compliance hearing officer

The Guadalupe City Council on Feb. 11 voted to delegate consideration of an appeal over an unpermitted patio enclosure at 5000 Sandpiper Lane to the city's code compliance hearing officer, after planning staff urged the council to uphold a denial of zoning clearance. The action allows the homeowner to pursue building-code review or other remedies before a final abatement or enforcement decision.

Planning staff argued the wooden enclosure exceeds the 15-foot rear-yard zoning setback by about four feet and therefore is an addition rather than a patio cover that could qualify for the five-foot setback exception. Planning presented a chronology of the application and inspection process and the building plans examiner's assessment that the enclosed structure could be used as habitable space, a factor that supported the department's denial of the zoning clearance application.

Planner Todd Scott (contract planning staff) told the council that the city received zoning clearance application No. 202404053CC on Nov. 21, 2024, visited the site Dec. 10, 2024, and denied the application because the solid wood enclosure encroached roughly 4 feet into the 15-foot rear-yard setback. Scott said the municipal code measures rear-yard zoning setbacks from the rear property line and that a patio cover meeting the uniform building code definition (open or glazed walls, insect screening, approved translucent plastic or glass) may be permitted at 5 feet; the structure at 5000 Sandpiper Lane is largely wood and, in planning's view, is an addition requiring the 15-foot setback and typical building-code footings and structural review.

Homeowner Miriam Navarro told the council she purchased the property three years ago, initially obtained a permit for an open patio cover, and later added the enclosure because wind and sand made outdoor use difficult. Navarro said the enclosure has no plumbing, insulation or heating and that she and her husband built it for private use. Navarro said she would be willing to explore modifications to comply with zoning or building-code standards.

City Attorney Philip Cinco outlined options for the council: uphold planning's denial; delegate the matter to the code compliance hearing officer either for a final decision or an advisory recommendation; permit the enclosure if it could meet building and safety code standards (which would require building-department review and associated fees); consider modifications such as replacing wood walls with glass to meet the patio-cover definition; or take no action (in which case the planning decision would be affirmed by operation of law after 60 days).

After extended council discussion about precedent and the city's need for consistent enforcement, Council members voted to delegate the appeal to the code compliance hearing officer so the homeowner can pursue building-code review and the hearing officer can address potential abatement, modifications, or a recommendation back to council. The motion passed on a roll call recorded in the meeting: Council member Costa Junior, Council member Fernandez, Council member Villegas and Mayor Pro Tem Hernandez recorded "aye." The council had earlier recused a member who had a proximity conflict and the mayor temporarily stepped out during part of the hearing.

The delegation preserves enforcement options while creating a forum where the homeowner can work with building inspectors on possible plans to legalize the structure or, if necessary, proceed to abatement. Planning staff emphasized their position that allowing the structure to remain without modification would create a precedent that could undermine consistent application of the zoning code.

The case will proceed before the code compliance hearing officer; staff said the hearing officer could act as the final decision maker or provide an advisory opinion and that the homeowner would have opportunities to submit revised plans to building and planning staff. The council did not order immediate demolition or abatement during the meeting.