ELK GROVE, CA (MPG) - Elk Grove City Council voted unanimously at its Nov. 12 meeting to deny an appeal of a Planning Commission decision and uphold that decision to grant a conditional use permit (CUP) allowing construction of a Maverik fuel station and convenience store at the corner of East Stockton Boulevard and Grant Line Road.

The council’s decision wasn’t without some drama and tension, however, as 32 members of the public lined up to speak at the meeting’s public hearing. Most spoke, sometimes emotionally, in opposition to the project, with many claiming it would increase traffic congestion in the area, along with creating safety and security issues.

Some speakers claimed that the project would bring prostitution to that portion of the city, located southeast of Sky River Casino and just east of U.S. Highway 99. There was also an attempt by the unnamed appellant to disqualify a member of the council over alleged conflicts of interest.

In the staff report, Elk Grove senior planner Kyra Killingsworth said that the project is located on 2.93 acres of land on the northwest corner of the East Stockton and Grant Line intersection. An existing commercial building onsite will be demolished to make way for the Maverik fuel station and convenience store.

The project site is zoned commercial and is surrounded by similarly zoned parcels with a variety of uses ranging from commercial to light and heavy industrial. Nearby uses include a commercial center across Grant Line to the south, Genesis auto window tinting across East Stockton to the east and the SES Portuguese Hall of Elk Grove across the vacant portion to the northwest.

Other uses in the area include three churches, an Amazon facility, Ajula Freight Center, Elite Truck Repair and Wash, International Paper, commercial complexes and large propane storage tanks. Several individuals noted during public comments that the site had previously been the location of a fueling station, and other stations such as an Arco across the intersection to the east and a Chevron on the west side of Highway 99 were nearby.

The proposed project features a 5,951-square-foot convenience store with two fuel canopies containing 25 pumps, 20 for vehicles and five for trucks and recreational vehicles. Maverik representatives Todd Meyers and Rick Magness said that the convenience store would sell snack products, drinks and fresh food produced onsite. The store would also have public restrooms and enhanced parking, lighting and landscaping.

Magness addressed some of the traffic congestion concerns, noting that a free right-hand turn lane from East Stockton onto southbound Grant Line would be built to help with drivers queueing to get into the facility. There would also be a two-lane left-hand turn lane from Grant Line onto northbound East Stockton, additional intersection work and traffic direction methods implemented to help prevent potential backups.

Finally, both Meyers and Magness stressed that Maverik would not include services associated with truck stops, such as shower and laundry facilities, a lounge and sleeping rooms.

“There are no things I’d call a truck stop,” Meyers said.

Meyers also said that Maverik employees are paid well, can participate in company health plans, have access to benefits such as education tuition assistance and possess the ability to advance in employment with the company.

The Elk Grove Planning Commission reviewed the project and held a public hearing on Sept. 18, taking verbal and written public comments. The commission approved the application 4-1, with the added condition prohibiting “extended vehicle parking,” parking longer than 90 minutes, on the site, except for employee vehicles.

An appeal of the decision was filed soon after. According to the appellant, identified only as a citizen of Elk Grove, the conditional use permit should be denied because the commission violated requirements of the Brown Act for an open and transparent review process, that staff “improperly used” categorical environmental exemptions set forth in state law and “that the project is not consistent with the city’s General Plan and Zoning Code or Bicycle, Pedestrian and Trails Master Plan.”

The appellant also claimed Councilmember Mayor Bobbie Singh-Allen should be required to recuse herself from any consideration of the appeal, citing several reasons. One reason was because of her position as president of the American Petroleum Convenience Store Association, which according to its website is a nonprofit organization representing more than 2,000 members that includes 20% of gas stations in California.

“This is a lobbying group,” land use attorney Ed Yates told council.

City Attorney Jonathan Hobbs read in statement prior to the opening of the public hearing that a city review of Singh-Allen’s membership and other affiliations indicated no conflict of interest and she would not be required to recuse herself.

Yates said that the city and Maverik failed to conduct required environmental studies by a third party that would reveal previous contamination at the site, the potential for any contamination to impact groundwater and the repercussions of increased traffic, especially large trucks entering what he referred to on several occasions as “a truck stop.” He said that responses by the city and Maverik to these questions was simple: “We don’t have to.”

Maverik attorney Casey Shorrock disputed these claims. Shorrock said the project is not a truck stop, and the city had utilized a third party, Ascent Environmental, Inc., to study and analyze the proposal and its impacts to the surrounding area. 

Senior planner Killingsworth also detailed the city’s efforts to notify the public of the project and their ability to provide public comment, noting they went beyond what is required by law.

Public comment to the council varied from support to opposition. The first speaker, long-time Elk Grove resident Mark Jansson, held up a flier from project opponents that featured his picture, saying he never gave permission for its use, was not in support or opposition and was not happy he was being associated with the issue.

Many spoke about traffic concerns, not only from congestion but also safety. Resident Deo Raj Lal said semi-trucks currently have difficulty navigating the intersection, something that could lead to larger issues when more trucks pull off Highway 99 to use Maverik.

“If this is approved, the City Council takes responsibility for any accidents,” Lal said.

Resident Mike Boparai said that the project would bring prostitutes to the area, a contention made by several other speakers.

“Sex trafficking is a real thing in truck stops,” one man said.

Former truck driver Randy Bekker disputed these claims, pointing to a number of features lacking from Maverik’s proposal but present in truck stops.

“This is not a truck stop,” Bekker added. “This is a fueling station.”

Council questions centered on aspects of the project’s location and current situation with the intersection. Regarding the issue raised by opponents that the project would increase crime in the area, Meyers noted that Maverik stations are required to install a minimum of 50 high-definition security cameras and share any video with law enforcement if requested. Some stations have up to 80 cameras, he added.

Police Chief Bobby Davis told council that his department didn’t have many problems currently at the location. He said that “they had analyzed” traffic impacts as well as the potential for crime increases and prostitution and didn’t believe that would be a major issue.

“It’s a project we can manage,” Davis added.

Prior to the final vote, both Singh-Allen and Councilman Kevin Spease joined the other council members in thanking the public for their participation but scolded opponents for waging what they said was a fear campaign based on misinformation.

“It’s uncalled for,” Singh-Allen said. “Let’s just stick with the facts.”