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File #: 25-1426   
On agenda: 1/6/2026 Final action:
Enactment date: Enactment #: Ordinance No. 26-001
Recommended Action(s)
Conduct second hearing to add Chapter 10.80, "Prevention of Contribution to Over Concentration of Sex Offenders in Single Family Dwellings Utilized as Documented Transitional Living Facilities" to Title 10 of the Ordinance Code of Fresno County; waive reading of the Ordinance in its entirety, and adopt the proposed Ordinance.
Attachments: 1. Agenda Item, 2. Additional Information

DATE:                     January 6, 2026

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Supervisor Garry Bredefeld, District 2

                     Supervisor Brian Pacheco, District 1

                     John Zanoni, Sheriff-Coroner-Public Administrator

 

SUBJECT:                     Addition of Chapter 10.80, Prevention of Contribution of Over Concentration of Sex Offenders in Single Family Dwellings Utilized as Documented Transitional Living Facilities to the Ordinance Code of Fresno County

 

RECOMMENDED ACTION(S):

TITLE

Conduct second hearing to add Chapter 10.80, “Prevention of Contribution to Over Concentration of Sex Offenders in Single Family Dwellings Utilized as Documented Transitional Living Facilities” to Title 10 of the Ordinance Code of Fresno County; waive reading of the Ordinance in its entirety, and adopt the proposed Ordinance.

REPORT

There is no additional Net County Cost (NCC) associated with the recommended action, which will add Chapter 10.80, “Prevention of Contribution to Over Concentration of Sex Offenders in Single Family Dwellings Utilized as Documented Transitional Living Facilities,” of Chapter 10, “Public Peace, Morals and Welfare” of the Ordinance Code of Fresno County to prevent property owners and responsible parties for single-family dwellings from contributing to the over-concentration of sex offenders, whether or not on parole or probation, in unincorporated areas of Fresno County.

 

The proposed ordinance establishes limits on the number of sex offenders, persons, and beds permitted to no more than six within a single-family dwelling operated by a responsible party.  Violations of the ordinance will include criminal enforcement (misdemeanor), administrative citations, injunctive relief, business license revocation, and private right of action.  This item is countywide.

 

ALTERNATIVE ACTION(S):

 

Your Board may determine not to approve the recommended action; however, there would be no enforcement mechanism to prevent the over-concentration of sex offenders in single-family dwellings or violations or penalties for those who violate the ordinance.

 

FISCAL IMPACT:

 

There is no additional NCC associated with the recommended action.  Any enforcement activity undertaken by law enforcement may generate costs in the future associated with the enforcement of the proposed ordinance.  Staff will monitor impacted County departmental budgets accordingly.

 

DISCUSSION:

 

On December 9, 2025, your Board conducted the first hearing to add Chapter 10.80, “Prevention of Contribution to Over Concentration of Sex Offenders in Single Family Dwellings Utilized as Documented Transitional Living Facilities” to Title 10 of the Ordinance Code of Fresno County.

 

California law does not provide the County an adequate mechanism to regulate the over concentration of sex offenders in single family neighborhoods. California law focuses on registration and notification requirements under Penal Code Section 290, and while parole and probation authorities may impose individualized residence conditions, there is no statewide density cap.

 

The over-concentration of high-risk registrants within one area may create management challenges for law enforcement and increase community concern. Such an over-concentration deteriorates the residential character of single-family neighborhoods and changes that residential character to a use that is more commercial or institutional. Additionally, the use of these single-family dwellings as commercial or institutional facilities, in close proximity with each other, reduces the benefit to individuals living in these transitional living facilities to live in a comfortable residential environment, versus in an institutional setting.

 

To address over-concentration risks, ensure adequate supervision within transitional living facilities, and protect public safety and welfare, the proposed ordinance works to prevent property owners and responsible parties for single-family dwellings from contributing to the over-concentration of sex offenders, whether or not on parole or probation, by limiting the number of sex offenders, persons, and beds permitted to no more than six within a single-family dwelling operated by a responsible party. The proposed ordinance will prohibit responsible parties, who may be the property owner and/or the owner’s authorized agent, from knowingly renting, leasing, or allowing more than six sex offenders to occupy or reside in a single-family dwelling, unless those persons are legally related by blood, marriage, or adoption. Furthermore, responsible parties shall not allow more than six beds or more than six unrelated persons to live in a single-family dwelling that is occupied by one or more sex offenders.  This will not apply to a family of persons related by blood, adoption, or marriage living in the same single-family dwelling.

 

Any violation of the recommended ordinance would constitute a misdemeanor, punishable by a fine of up to $1,000, imprisonment in County Jail for a period of not more than six months, or both.  Violations may also be enforced through administrative citations ranging from $10,000 to $50,000 per violation, injunctive relief, business license revocation, and/or private right of action.

 

The proposed ordinance would establish clear local oversight for transitional living facilities in single-family dwellings that house registered sex offenders by preventing over-concentration of high-risk individuals within a single location.  With your Board’s approval, the proposed ordinance will take effect 30 days thereafter.

 

The summary of the ordinance was published in the Business Journal in accordance with Gov. Code § 25124.

 

REFERENCE MATERIAL:

 

BAI #6, December 9, 2025

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

Ordinance

 

CAO ANALYST:

 

Maria Valencia