APPEAL OF CITY ENGINEER’S DENIAL
OF V ARIANCE ENGV25-018: RELIEF
FROM PUBLIC IMPROVEMENT
REQUIREMENTS
City Council Meeting
November 18, 2025
Dan Hennessey, Director
Transportation & Public Works
Cleve Gurney, Deputy Director
Engineering Development Services Division
Planning & Economic Development
1 Executive Summary
• Project: 15-bed Assisted Living
Care Facility
• Project address: 635 Benjamins
Road
• City Requirement:
o construction of roadway
pavement, curb, gutter,
sidewalk, and a driveway
apron
o undergrounding of overhead
distribution lines
o placement of vacant conduit
2 Executive Summary
3 STREET
VIEW
SOUTH
STREET
VIEW
NORTH
Executive Summary (continued)
• Variance request: relief from undergrounding of
distribution lines and construction of pavement, curb and gutter, sidewalk, and a driveway apron
• City Engineer decision: Partial Denial
• Granted relief from undergrounding of overhead
distribution lines
• Still required to construct pavement, curb and gutter, sidewalk, and a driveway apron
Note: Variance request did not ask for a relief from
placement of vacant conduit. This would still be required 4 Background (continued)
• 1953 – Single family residence constructed
• 1995 – county island annexed to City of Santa Rosa
• 2023 – SB9 Urban Lot Split submitted
• Right of way and public easement dedications
required for future buildout of Benjamins Rd
• October 15, 2024 – Parcel Map recorded
• Dedications recorded on map
• June 9, 2025 – CUP submitted for assisted living
care facility
• June 11, 2025 – Staff informed applicant team that
the development would trigger public improvement
requirements
5 Background (continued)
• June 18, 2025 – Onsite meeting, City staff and
design engineer
• June 19, 2025 – Appellant submits Variance
• July 17, 2025 – City staff meets with appellant
and design engineer
• July 28, 2025 – City staff presents
recommendation to City Engineer
• August 12, 2025 – City Engineer partially denies
Variance
• August 25, 2025 – Appeal submitted 6
7 Analysis
Grounds for Appeal Explanation
Lack of Connectivity & Public Benefit No improvements within 1,100 feet of project
Existing Pedestrian Infrastructure AC path already along east side of Benjamins Rd
Storm Drain Conflict Shallow existing storm drain along frontage
Utility Pole Safety Hazard Existing pole would be located within parking lane
Provision for Future Improvements The project does not prevent construction of frontage
improvements in the future
8 9
10 Analysis (continued)
Grounds for Appeal City Response
Lack of Connectivity & Public
Benefit
Future development will lack connectivity
along this frontage if not constructed now
Existing Pedestrian
Infrastructure
An AC path is a temporary improvement.
Curb and gutter is City Standard
Storm Drain Conflict Other design options (concrete cap, SD connection to public system, catch basins)
Utility Pole Safety Hazard
Over 4.5' from the curb and fully within the
parking lane. Pole has existed in this
location for over 50 years
Provision for Future
Improvements
Future improvements along this frontage
would need to be built as a Capital
Improvement Project
Analysis (continued)
11 Necessary Finding City Engineer Findings
Practical difficulties or
unnecessary hardships.
Roadway, curb and gutter,
sidewalk, and a driveway
apron can be constructed
Improvements don't bear a
reasonable relationship to the
proposed use.
A 15-bed assisted living care
facility maximizes the
development potential of the
lot. Public Improvements will
never be required again here
Granting the variance won't be
materially detrimental to the
public welfare or injurious to
the property
Roadway and pedestrian
connectivity will never be built
to City Standards
Analysis (continued)
Development potential along
Benjamins Road?
• 34 lots along this N-S stretch of
Benjamins Rd
o 6 lots – public improvements
exist
o 9 lots in County islands – have
development potential
o 6 lots could potentially
subdivide
o Remaining 13 lots could
trigger public improvements
through redevelopment
12 Analysis (continued)
13 • Benjamins Rd is not in the 2025-2026 Capital Improvement Program Budget. Likelihood of this being added to the CIP list is low • Benjamins Road will only be built out with private development • Need safe paths of travel to schools, parks, shopping centers
Recommendation
• Recommend City Council, by resolution:
• Deny the appeal and uphold the City
Engineer’s determination to deny the
variance for relief from public
improvement requirements for the Project.
14 QUESTIONS?
15 Dan Hennessey, Director
Transportation & Public Works
Cleve Gurney, Deputy Director
Engineering Development Services Division
Planning & Economic Development