The Maverik fueling station proposed to be constructed on Mitchell Road near Highway 99 survived an appeal filed against it Monday when four members of the Ceres City Council supported the project.
In November the Ceres Planning Commission approved the Maverik project but the appeal was finally considered Monday. Councilwoman Cerina Otero recused herself from the discussion .
City officials – including Ceres Police Chief Trenton Johnson – say the project will bolster the tax revenue stream to the city by siphoning more business off of Highway 99 and tap into the wallets of truck drivers who use Mitchell Road as a designated trucking route.
Opponents of the project suggested the 5,951-square-foot Maverik convenience store with its 20 fuel pumps on at the southeast corner of Mitchell and Rohde roads will bring more traffic and crime while taking sales away from the existing gas stations in the area.
At the end of a lengthy public hearing, all the remaining councilmembers – Mayor Javier Lopez, Vice Mayor Daniel Martinez and Councilmembers James Casey and Rosalinda Vierra – rejected the appeal.
Livingston gas station owner Sunny Ghai, who owns the new Union 76 station across the street, filed the appeal and was one of many who spoke against Maverik.
Acting Planning Director Lea Simvoulakis noted that Mitchell Road is a designated truck route and that Maverik will serve those who that way as a short-cut to the industrial area north of the river in southeast Modesto. She noted there are no places on Mitchell Road for big rigs to fuel up so this will be a benefit to truckers as well.
“There are trucks already present on this road and they have nowhere to stop,” she added.
She also argued that the economic benefits to the city outweigh the negatives.
“This is a really big economic generator for the city of Ceres,” said Simvoulakis. “It’s anticipated that construction material purchases within the region will exceed $500,000. The project will employ an equivalent of 15 full-time employees. The project is projected to generate $629,000 in sales and use tax from the fuel sales, and we’re hoping to see around $41,000 in sales and use tax from the convenience sales in just the first year. So you recently passed the city’s budget. You are all keenly aware of how important sales tax revenue is to bolster your budget each year. And the more economic development we have in the city, the less you have to pull from reserve. So this is a vital project to our city to keep our services going.”
Maverik proposes 14 regular vehicle fuel pumps, six commercial truck fuel pumps, truck scales, EV charging stations and an RV dump station. No overnight parking or showers will be offered such as traditional truck stops. A total of 36 parking stalls will be offered.
When Ghai argued against Maverik in November, he disputed city claims that Ceres would reap new annual taxes of over $670,000, saying the new station would reduce sales and corresponding taxes from existing businesses.
Ghai’s attorneys framed their fight against Maverik based on claims of inadequate environmental review outlined by the California Environmental Quality Act (CEQA).
Diane Kindermann of the Sacramento law firm of Abbott & Kindermann faulted the staff report that was used by the commission when it made its determination to approve Maverik. Kindermann said the report was “problematic” because its findings were not substantiated with evidence.
Kindermann also accused the city of not analyzing the full impacts of Maverik. However, the Maverik site was part of the 11.9-acre SamBella Plaza commercial subdivision map which underwent environmental review prior to its approval in May 2021. SamBella Plaza consists of six separate commercially zoned parcels and a storm drainage basin parcel between the northbound Highway 99 and the frontage road.
Simvoulakis said that the project is exempt from CEQA as a small infill project.
Sergio Valdez, a registered traffic engineer questioned the traffic study used in approving the project. He also suggested that no calculations done to see if those using the ingresses and egresses have good sight visibility when pulling out.
Ghai didn’t argue against the need for truck fueling in the area but said better locations exist.
“You’re going to see trucks parked there, you’re going to see accidents, you’re going to see cars smashed, people get killed, driving drinking, and as far as we know, loitering, panhandling, it will bring everything to that corner that we do not want,” Ghai stated.
Todd Meyers, Maverik’s senior site development manager, said the site is unique in that it is surrounded by roads on all sides and shouldered by the highway. He noted that police and fire officials had no objections or public safety concerns with Maverik building there.
“It’s kind of been surprising on this one,” said Meyers. “I don’t think I’ve ever had a business competitor fight so hard against another competitor coming into the marker. This property makes sense for it to be developed, or regional commercial uses.”
