Riverbank proposal eyes a healthier, leaner populace

By Leslie Albrecht
lalbrecht@modbee.com

last updated: October 06, 2008 06:41:12 AM

RIVERBANK -- With Stanislaus County residents among the fattest in the state, one city is turning to a new tool to help people slim down: zoning laws.

With an eye toward helping to shrink waistlines, Riverbank is considering changes to its zoning code that would give the city more control over where new fast food restaurants can be built and how they operate.

If the law is approved, McDonald's, KFC and the like would be prohibited within 500 feet of schools and parks. Fast food restaurants wouldn't be allowed to serve food with trans fats or use Styrofoam containers. The restaurants also would have to follow design guidelines to make them more pedestrian-friendly and visually appealing. Drive-through windows would be discouraged.

The proposed law puts Riverbank at the fore of government attempts to regulate how Americans eat. Earlier this summer, the Los Angeles City Council unanimously approved a one-year moratorium on new fast food restaurants in south Los Angeles. Last week, Gov. Schwarzenegger signed a state law requiring chain restaurants to post nutritional information. A ban on trans fats in California will go into effect in 2010.

No other cities in Stanislaus County are considering such restrictions on restaurants, although Hughson recently banned new drive-throughs in an effort to cut down on air pollution.

Under the proposed law, new fast food restaurants in Riverbank would require a conditional use permit approved by the Planning Commission. The permits would come with a set of rules that control how businesses operate -- for example, not allowing trans fats. Under current city laws, the Planning Commission can control the design of fast food restaurants, but not how they do business.

"It's not going to ban fast food restaurants, it's just going to give the city more control over what goes in and how it's designed in order to make the city a better place for everyone," said associate planner Emily Pino. "It goes right along with what our goal is in the public sector, which is to preserve and protect the public's health, safety and welfare."

The proposed law is still in draft form; it won't go into effect unless the Planning Commission approves it. No vote is scheduled, but a decision could come by the end of the year, Pino said.

'Healthy food environment'

Riverbank's proposed law was inspired by a 2007 study by the California Center for Public Health Advocacy, said Pino. The study found that Stanislaus County has almost five times as many fast food restaurants as stores selling fresh produce. Researchers say that lopsided fried-to-fresh ratio contributes to the county's high obesity rate. Of the state's 24 most populous counties, Stanislaus has the highest obesity rate -- 32 percent of residents.

The study called on local policy-makers to enact laws that promote a "healthy food environment." Riverbank's proposed law aims to follow through on the recommendation.

The proposed law also is designed to make fast food restaurants more environmentally friendly. Under the new guidelines, restaurants would be designed to encourage walking or biking. The restaurant's main entrance would open directly onto the sidewalk. Plopping a restaurant building in a sea of parking lot asphalt would be prohibited.

The Planning Department did not seek input from fast food restaurateurs on the law, Pino said.

Daniel Conway, spokesman for the California Restaurant Association, said cities such as Riverbank should consider economic impacts carefully before charging ahead with new land use laws.

"If you start using draconian measures to inhibit and prohibit these restaurants, that's going to impact your local tax base at a time when most local governments are looking at making pretty steep cuts in the services they offer," Conway said.

Land of the free and fat?

The city's bottom line isn't the only one that's potentially affected. It's more expensive for restaurants to use paper instead of Styrofoam and trans fat-free oil, said Hazel Fong, a regional director with KFC franchisee Harman Management Corp.

As for what Riverbank's fast food patrons think of city attempts to regulate greasy food, the plan drew mixed reviews.

David Cuslidge, a 20-year-old construction worker tucking into a bacon cheeseburger at the A&W on Patterson Road, applauded the effort.

"I think the government should step in more when it comes to health, because this country is getting way too fat," he said.

But KFC customer James Black said he wants the city to go in the opposite direction. Black said he eats fast food about four times a week. He wants Riverbank to build more fast food restaurants, starting with a Carl's Jr.

"I think it's the people's choice," he said. "It's not up to the city to tell you what to eat. I understand people are out of shape, but it's up to you whether you want to eat grease or not."

He added, "This is supposed to be the land of the free, and it's not anymore."

Bee staff writer Leslie Albrecht can be reached at lalbrecht@modbee.com or 578-2378.

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