David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

Fresno | Three or More Homes

Fresno Three or More Homes: RM Districts, RS-5 Use Permits, Cottage Clusters, Bonuses and SB 79

Fresno's code offers several separate routes to three or more homes on a lot, each with its own district, permit and limit. This page lists them together: the multi-unit (RM) districts, use permits in RS-5, cottage clusters, the overlays near Downtown, the density bonuses, the 2026 by-right rule for affordable housing, and how state SB 79 and SB 684 apply.

Three or more homes in Fresno in six facts

  • Duplexes and multi-unit buildings are permitted uses in Fresno RM-1, RM-2 and RM-3, and Section 15-5102(E) sends them to a zone clearance within half a mile of an existing bus stop. Source: FMC Table 15-1002, 15-5102(E)
  • In RS-5, a duplex or multi-unit building needs a Conditional Use Permit, a neighborhood meeting and a density of 5 to 12 homes per acre. Source: FMC 15-906
  • A Fresno cottage housing cluster holds 4 to 12 homes of 600 to 1,200 sq ft each around shared open space, in RS-5 and RM-1. Source: FMC 15-2723
  • Fresno grants a 20 percent density bonus for 5 percent very low income homes in projects of five or more units, and state law governs any conflict. Source: FMC 15-2203, 15-2204, 15-2202
  • SB 79 transit upzoning did not take effect in Fresno on July 1, 2026, because Fresno County is outside the seven counties HCD listed. Source: HCD SB 79 advisory
  • Fresno code bars the Council from adopting inclusionary zoning until the December 2014 General Plan is replaced. Source: FMC 15-2201(E)

The Routes Compared

Route Where Permit Homes
RM-1, RM-2, RM-3, multi-unit Within half a mile of an existing bus stop Zone clearance (staff, no notice) 16, 30 or 45 per acre max.
RM districts, other sites Anywhere else in RM Development Permit (Director) 16, 30 or 45 per acre max.
RS-5 duplex or multi-unit Any RS-5 lot Conditional Use Permit, with a neighborhood meeting 5 to 12 per acre
Cottage housing RS-5 and RM-1 Permitted use 4 to 12 per cluster
NR overlay, multi-unit Neighborhoods near Downtown Base district permit, no neighborhood meeting 16 per acre or less
SB 684 small-lot map RM lots up to 5 acres Ministerial map under state law Up to 10

Sources: Fresno Municipal Code 15-5102, 15-906, 15-1003, 15-1611, 15-2723; Government Code 66499.41.

Route 1: RM Districts and the Bus Stop Rule

In Table 15-1002, duplexes and multi-unit residential are "P," permitted, in RM-1, RM-2 and RM-3. Density limits come from Table 15-1003: 12 to 16 homes per acre in RM-1, 16 to 30 in RM-2 and 30 to 45 in RM-3. Section 15-303 says the count "shall not exceed the maximums per the base district," so fractions round down. VanPlex arithmetic for a fourplex: in RM-1 the lot must reach 4 / 16 of an acre, which is 10,890 square feet; in RM-2, 5,808 square feet; in RM-3, 3,872 square feet.

The permit is the key difference. Section 15-5102(E), under the heading "Additional Housing Streamlining," says these projects "shall be permitted with a Zone Clearance": "Multi-unit residential development in the RM-1, RM-2, and RM-3 Districts on parcels that are within ½ mile of an existing bus stop." A zone clearance is a staff check that the project meets every standard "without any deviations." Section 15-5105 says: "Public notice shall not be required." Ordinance 2025-023, effective December 26, 2025, is the latest amendment to the section.

The same section lists what takes a site out of that route and into a Development Permit:

  • Sensitive areas. Important farmland, a Williamson Act contract (a state contract that keeps land in farming for lower taxes), a federal FEMA flood zone, airport Safety Zones 1, 2 or 3, a hazardous site, or work that "would involve the modification or demolition of a designated Historic Resource."
  • Old buildings. Demolishing or changing the outside of "a building over 50 years old" needs a Historic Resource evaluation. If the building is a potentially significant historic resource, a discretionary Development Permit is required.
  • Studies. A second-stage pollution study of the soil (a Phase II environmental site assessment) recommended after the first, possible habitat for protected plants or animals, a cultural resource study triggered by a records search, traffic over set peak-hour thresholds, or a project that fails the City's screening for vehicle miles traveled, the total miles its residents would drive.
  • Infrastructure. The project must fit existing infrastructure. Downstream sewer lines must keep a flow capacity ratio of 1.15, and water lines must meet peak demand plus a fire flow of 2,500 gallons per minute, or the developer upsizes them.

The code also disagrees with itself on the distance test, and the code leaves such conflicts to the Review Authority, the official or body that decides the permit. Section 15-5102(E) says "within ½ mile of an existing bus stop." Table 15-4907 describes the same permit as "within half a mile of a Major Transit Stop as defined in Appendix M of the California Environmental Quality Act Guidelines," which is a narrower type of stop. Section 15-104 says: "If there are found to be internal conflicts within this Code, the applicable standard shall be determined by the Review Authority." Section 15-5102 is the section that governs zone clearance applicability, but ask the Director in writing which test applies to your parcel.

Outside the half-mile area, an RM project needs a Development Permit. Section 15-5203 says the Director decides it and may refer it to the Planning Commission, which then holds a hearing. Section 15-5205 says public notice is not required.

Route 2: Duplexes and Small Apartments in RS-5

RS-5 is the only single-unit district where Table 15-902 lists a duplex or multi-unit building, and both are "C." Section 15-906 sets the process and the limits:

  • Neighborhood meeting. The applicant holds one before submitting. Under Section 15-5006, notices go by first class mail at least 10 days ahead to every owner within 500 feet, the meeting starts between 6:00 p.m. and 7:00 p.m., and it may not fall on a Friday, Saturday, Sunday or a listed holiday. A report of the meeting goes in with the application.
  • Decision. "The Planning Commission shall approve, conditionally approve, or deny applications for Conditional Use Permits following a public hearing."
  • Standards. "The standards of the RM-1 District shall apply," with a density of "Five units per acre" minimum and "Twelve units per acre" maximum.
  • Fit with the block. The front setback matches neighboring buildings, cladding, trim and windows must be "similar to adjacent single-unit homes," and where an RS-5 standard gives a better fit than the RM-1 standard, the RS-5 standard applies.

The 12-per-acre cap sets the lot size. VanPlex arithmetic: two homes need 2 / 12 of an acre, or 7,260 square feet; three homes need 10,890 square feet; four homes need 14,520 square feet. A typical 6,000 square foot RS-5 lot supports one home at that density (12 x 0.1377 acre = 1.65, rounded down). On such a lot, SB 9 and ADUs give more homes than the use permit does.

One more internal conflict appears here. Table 15-4907 lists the Director as the Review Authority for a Conditional Use Permit, with the Planning Commission only "on referral" and no hearing unless referred. Section 15-906 names the Planning Commission and a public hearing for this specific case. Under Section 15-104, the Review Authority settles the conflict; plan for a Commission hearing, as the specific section says.

Route 3: Cottage Housing Clusters

A cottage housing development, also called a pocket neighborhood, is a group of small houses around a shared yard. Section 15-2723 permits it in RS-5 and RM-1. The rules:

  • Number. "There shall be a minimum of four units and a maximum of twelve units per cluster." One-unit and two-unit cottages are allowed, and "A two-unit cottage is allowed for the fifth and sixth, and eleventh and twelfth units."
  • Size. "Unit floor area shall be between 600 and 1,200 square feet." Cottages are "no more than two stories," and the first 250 square feet of an attached garage does not count toward floor area.
  • Open space. 400 square feet of common open space per unit, in one piece at least 15 feet wide on all sides, plus 250 square feet of private open space per unit with a covered porch of at least 64 square feet.
  • Parking. "One garage is required per unit," plus "0.5 guest spaces" per unit.
  • Spacing and roofs. Buildings at least 8 feet apart; roofs at a 6:12 pitch or steeper.
  • Ownership. A homeowners association maintains the common areas, and a covenant limiting later size increases is recorded.

The density line in the code reads: "The allowed number of units is up to 1.33 percent of the number permitted in the underlying district." Taken as printed, 1.33 percent of the RS-5 limit would be a fraction of one home, which cannot produce the four-unit minimum that the next sentence requires. Ask the Planning and Development Department how it applies this sentence before you design a cluster.

Route 4: Overlays Near Downtown

Two overlays in Article 16 ease multi-unit housing in older neighborhoods. In the Neighborhood Revitalization (NR) overlay, Section 15-1611 says a duplex needs no neighborhood meeting, and the same goes for "Multi-Unit Residential at a density of 16 dwelling units per acre or less." That 16 is higher than the 12-per-acre cap in Section 15-906 for RS-5; the code does not say which number governs an RS-5 lot in the overlay, so it falls to the Review Authority under Section 15-104.

In the Apartment House (AH) overlay, Section 15-1609 says "Single Unit Dwelling, Attached; Live/Work; and Multi-Unit Residential shall be permitted in all locations, including the ground floor along major streets." It caps lots at 15,000 square feet and height at 35 feet. The historic properties and overlays page covers their design rules.

Parking for Three or More Homes

Unit type RM and other districts (Table 15-2409) Mixed-use and CMS (Table 15-2408)
Studio 1 space; 1 uncovered guest space per 4 units 0.75 space
One or two bedrooms 1 space; 1 uncovered guest space per 2 units 0.75 (studio, 1 bed) or 1 (2 bed)
Three or more bedrooms 1.5 spaces 1.5 spaces
Affordable, moderate income and below 0.75 (up to 2 bed) or 1.5 (3+ bed) Same as RM column

Source: Fresno Municipal Code Tables 15-2408 and 15-2409. In RM and other districts one covered space is designated per unit; in mixed-use, required parking is covered and projects over 4 units add 1 guest space per 4 units.

VanPlex arithmetic: a fourplex of two-bedroom units in RM needs 4 covered spaces plus 2 guest spaces, 6 in total. Downtown, Table 15-2407 asks for 0.5 space per unit of any size. State law in Government Code 65863.2 bars minimum parking within half a mile of a major transit stop; the parking page covers it.

Density Bonuses

Article 22 carries out the state density bonus law, which lets a project build more homes than zoning allows in exchange for affordable homes. It applies to "General residential projects of five or more units" and "Senior housing projects of more than 35 units." The City text grants "A density bonus of 20 percent if five percent of the total units of a housing development are affordable to very low income households," rising 2.5 percent for each added percent, and 20 percent for 10 percent lower income homes, rising 1.5 percent per added percent. In mixed-use districts there is "No maximum." In other districts "A density bonus over 35 percent may be approved at the discretion of the Review Authority."

The City table is older than the statute. Government Code 65915 now sets the very low income bonus at 50 percent when 15 percent of homes are for very low income households. Section 15-2202 settles it: "Where conflict may occur between the provisions of this section and State law, the State law shall govern." Section 15-303 rounds bonus units up to the next whole number.

Article 21 adds a local transit bonus for sites "entirely within an MX District or a CMS District" that are "within 500 feet of an existing or planned Bus Rapid Transit station" or within half a mile of the Manchester Transit Center, and that provide a public plaza, public art, or 90 percent frontage coverage. Height may rise "by no more than 25 percent" and density "by no more than 100 percent," and the bonus may be combined with the affordable housing bonus. Fresno also has no inclusionary rule: Section 15-2201 says the Council "shall not adopt a provision for inclusionary zoning" until the 2014 General Plan "is updated and superseded by a new General Plan."

The 2026 By-Right Rule, SB 79 and SB 684

On July 30, 2026 the City Council approved Text Amendment P26-01326 on its consent calendar. It permits "housing developments with at least 20 percent of units affordable to lower-income households without discretionary action on any nonvacant site identified in a prior housing element and on any vacant site included in two or more consecutive Housing Elements." The staff report ties it to Program 9 of the City's 2023 to 2031 Housing Element and says the City's state housing target is 36,866 homes. The amendment "does not add additional capacity" to zoning; it changes the approval path. It changes the RM, mixed-use and downtown use tables and Section 15-5102, and takes effect on "the thirty-first day after its final passage." Check the City's Housing Element site list to see whether a lot qualifies.

SB 79 does not reach Fresno today. Government Code 65912.156 limits it to an "urban transit county," "a county with more than 15 passenger rail stations," and the HCD advisory lists Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara and San Diego Counties as the places where the upzoning took effect on July 1, 2026. HCD adds that "the geographic scope of SB 79 is dynamic and will modify over time."

SB 684 does apply. On an RM lot of up to five acres, Government Code 66499.41 requires staff approval of a map with "10 or fewer parcels" and "10 or fewer residential units." Fresno has no local section for it in Supplement 54, so the statute and the base RM standards govern.

Best For

  • ✓ An RM-2 or RM-3 lot within half a mile of an existing bus stop, approved by zone clearance.
  • ✓ An RS-5 or RM-1 site with room for 4 to 12 cottages and 400 sq ft of shared open space each.
  • ✓ A listed prior Housing Element site where 20 percent of the homes are for lower-income households.

Usually Fails When

  • ✕ The RS-5 lot is under 7,260 sq ft, which caps a use-permit project at one home.
  • ✕ The RM site sits in a flood zone, an airport safety zone or on farmland.
  • ✕ The plan counts on SB 79 heights in Fresno.

What To Verify Before Spending Money

  • → Distance to an existing bus stop, and whether the City reads the rule as any bus stop or a major transit stop.
  • → The City's reading of the cottage housing density sentence.
  • → Whether the parcel is on the Housing Element prior-site list for P26-01326.

Where to Go Next

Related on VanPlex: the Fresno overview, SB 79 and the duplex to fourplex guide.

Frequently Asked Questions

Can I build a fourplex in Fresno? +
Yes, in the Fresno RM-1, RM-2 and RM-3 districts, where Table 15-1002 lists multi-unit residential as permitted. In RM-1 a fourplex needs at least 10,890 square feet, because 16 homes per acre on that area works out to 4.0 homes. In RS-5 a fourplex needs a Conditional Use Permit and at least 14,520 square feet at the 12-per-acre cap.
Can I build a duplex on an RS-5 lot in Fresno? +
Yes, with a Conditional Use Permit under Fresno Municipal Code 15-906. The applicant holds a neighborhood meeting before applying, density must stay between 5 and 12 homes per acre, and the RM-1 standards apply with front setbacks and materials matched to nearby homes. At 12 per acre, two homes need a lot of at least 7,260 square feet.
What is a zone clearance in Fresno? +
A zone clearance is the staff check in Article 51 of the Fresno Municipal Code that confirms a project meets every standard with no deviations. It has no public notice and no hearing, and the Director decides. Since its latest amendment, effective December 26, 2025, it covers multi-unit housing in RM districts within half a mile of an existing bus stop.
What sends a Fresno RM project out of zone clearance? +
Fresno Municipal Code 15-5102(E) sends an RM multi-unit project to a Development Permit if the parcel has important farmland, a Williamson Act contract, a FEMA flood zone, an airport safety zone 1 to 3, or a hazardous site, or if it would modify or demolish a designated historic resource. A potentially significant building over 50 years old also triggers a Development Permit.
What is a cottage housing development in Fresno? +
A cottage housing development in Fresno is a cluster of 4 to 12 small homes around shared open space, permitted in RS-5 and RM-1 under Municipal Code 15-2723. Each home has 600 to 1,200 square feet and at most two stories, 400 square feet of common open space is required per home, and a homeowners association maintains the shared areas.
How much parking does a Fresno cottage housing cluster need? +
Fresno Municipal Code 15-2723(G) requires one garage per cottage for that unit, plus 0.5 guest spaces per unit, which may be carports or a surface lot. Detached garages and carports may hold four spaces at most per structure. Guest parking may be off-site if the Director finds enough room. Private driveways must be designed as a woonerf, a shared street.
Does SB 79 apply in Fresno? +
Not as of October 2026. SB 79 applies only in an urban transit county, which Government Code 65912.156 defines as a county with more than 15 passenger rail stations. HCD says the upzoning took effect July 1, 2026 in Alameda, Los Angeles, Sacramento, San Francisco, San Mateo, Santa Clara and San Diego Counties. Fresno County is not on that list.
What density bonus can I get in Fresno? +
Fresno Municipal Code 15-2204 grants a 20 percent density bonus when 5 percent of homes are for very low income households or 10 percent for lower income households, in projects of five or more units. Section 15-2202 says state law governs any conflict, and Government Code 65915 now reaches a 50 percent bonus at 15 percent very low income homes.
What is the Fresno TOD height and density bonus? +
The Fresno transit-oriented development bonus in Article 21 lets the Review Authority allow up to 25 percent more height and up to 100 percent more density. The site must be entirely in an MX or CMS district, within 500 feet of a bus rapid transit station or within half a mile of the Manchester Transit Center, and offer a public benefit.
Does Fresno require affordable units in new housing? +
No inclusionary rule applies in Fresno. Municipal Code 15-2201(E) says the Council shall not adopt inclusionary zoning, which would require affordable homes as a condition of approval, until the General Plan adopted in December 2014 is updated and replaced. Affordable homes are voluntary and earn density bonuses under Article 22.
Does a neighborhood meeting apply to an NR overlay duplex in Fresno? +
No. The Fresno Neighborhood Revitalization overlay in Municipal Code 15-1611 says a neighborhood meeting shall not be required for a duplex, or for multi-unit housing at 16 homes per acre or less. In the base RS-5 district, Section 15-906 requires that meeting before a duplex or multi-unit application. The overlay covers neighborhoods near Downtown.

Official sources (checked October 2026)

FMC Chapter 15, Article 9, duplex and multi-unit standards (15-906)
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIBAOVDI_ART9RESIITDIRS
FMC Chapter 15, Article 10, Residential Multi-Unit Districts
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIBAOVDI_ART10REMUITDIRM
FMC Chapter 15, Article 16, AH, NR and FI overlays
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIBAOVDI_ART16OVDI
FMC Chapter 15, Article 21, TOD height and density bonus
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIIREAPSOALDI_ART21TOHEDEBO
FMC Chapter 15, Article 22, affordable housing density bonus
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIIREAPSOALDI_ART22AFHODEBO
FMC Chapter 15, Article 24, parking (Tables 15-2408, 15-2409)
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIIREAPSOALDI_ART24PALO
FMC Section 15-2723, cottage housing developments
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTIIIREAPSOALDI_ART27STSPUSAC_S15-2723COHODEPONE
FMC Chapter 15, Article 50, neighborhood meetings (15-5006)
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTVADPE_ART50COPR
FMC Chapter 15, Article 51, zone clearance (15-5102)
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTVADPE_ART51ZOCL
FMC Chapter 15, Article 52, Development Permit
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOCHFRCA_CH15CIDECOINRE_PTVADPE_ART52DEPEFOSIPLRE
Fresno City Council, item 26-935, Text Amendment P26-01326 (July 30, 2026)
https://agendas.fresno.gov/en/legislation/id-26-935-21639
HCD, SB 79 advisory (PDF)
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/sb-79-mpo-advisory.pdf
Government Code 65912.156 (SB 79 definitions)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65912.156
Government Code 65915 (state density bonus law)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65915
Government Code 66499.41 (SB 684 and SB 1123)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=66499.41
General information, not legal advice. California housing law changes every year, and each city adds its own rules on top of state law. Confirm current requirements with the city or county planning department, and with a California-licensed attorney or architect, before you buy land or file plans.

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