Gilroy council clarifies limits on mobile food vendors along Monterey Road, directs enforcement to resume

City staff and council members on Aug. 18 clarified how a pilot program for mobile food vendors will be applied along Monterey Road in downtown Gilroy, and instructed staff to resume enforcement after a temporary pause.

Bryce (staff) said the question arose because different interpretations of the word "fronting" created inconsistencies in enforcement. "Staff is seeking confirmation if ... no portion of a mobile food vendor would be allowed to be visible on a parcel from the line of sight at each point where the property line from the same parcel abuts Monterey Road," the staff presentation said.

Council members described competing goals: protect property rights for private landowners while also creating a curated downtown pedestrian experience. "I don't know why we're getting involved with private property," Council Member Braco said during discussion. "If the guy at the furniture store has a huge parking lot, he wants to let somebody sell tacos in his parking lot, I think he should be able to do that. It's his property." Council Member Frigati said the pilot sought to "elevate the expectation" downtown and avoid a fairground-like atmosphere.

Clarified boundaries and screening rule: staff and council agreed the rule should be applied so that a mobile food vendor cannot be visible from any point along the parcel's Monterey Road property line. Council members additionally specified the downtown coverage as Monterey Street from Leaseley to Lachesa (north–south span) and side streets from Eagleberry to Railroad. Staff said diagonal sight-lines from other parcels would be allowed so long as the vendor could not be seen from the abutting property line.

Enforcement: staff paused enforcement while council clarified intent but said health and seller's permit enforcement remained in place. Following the meeting staff said they would reinitiate enforcement of the city's code provisions consistent with the clarified interpretation.

Next steps and caveats: council members asked staff to fix unclear language in the written materials (for example, the treatment of side streets in the packet) and to return with clear, implementable guidance. Council did not take a roll-call vote on the clarification but directed staff to proceed with enforcement under the clarified rule.