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Fountain Valley, CA Accessory Structures: ADU Impact Fees (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Impact fee threshold
ADUs of 750 sq. ft. or larger only
How the fee is charged
Proportionate to primary dwelling square footage
State fee definition
Government Code § 66000(b) and § 66477
Excluded charges
Connection fees and capacity charges
Utility charge cap
Reasonable cost of service
Conversion ADUs
No new connection fee or capacity charge

Summary

In the City of Fountain Valley, California, an impact fee can be imposed only on an accessory dwelling unit of 750 sq. ft. or larger, and it must be charged in proportion to the square footage of the primary dwelling. Utility connection fees and capacity charges are excluded from that definition.

(16) Impact Fee. An impact fee for the development of an accessory dwelling unit may only be imposed for an accessory dwelling unit of 750 square feet or larger and shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this section, "impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000 of the state of California Government Code, except that it also includes fees specified in Section 66477 of the state of California Government Code. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

Full Breakdown

Fountain Valley Municipal Code § 21.08.055(a)(16) and (b)(21) put a floor and a formula on the impact fees the City of Fountain Valley can charge for accessory dwelling units. The fee can be imposed only on an ADU of 750 square feet or larger, so a smaller unit pays none. The fee has to be charged proportionately in relation to the square footage of the primary dwelling unit. The section prints no dollar amount, so the rate itself comes from the city's separate fee schedule.

The code borrows two state definitions. An "impact fee" has the same meaning as the term "fee" in subdivision (b) of Section 66000 of the California Government Code, and it also includes fees specified in Section 66477. It does not include any connection fee or capacity charge charged by a local agency, special district or water corporation, so those charges are treated separately.

The utility rules differ by ADU type. For an ADU created inside an existing structure, subsection (a)(10) says the city cannot treat it as a new residential use when calculating connection fees or capacity charges for water and sewer, and cannot require a new or separate utility connection. For a new construction ADU, subsection (b)(20) lets the city require a separate utility connection and charge a connection fee or capacity charge proportionate to the burden of the unit, based on its square feet or its drainage fixture unit values under the Uniform Plumbing Code. That charge cannot exceed the reasonable cost of providing the service. An ADU built together with a new single-family dwelling is treated as a new residential use for those utility charges.

Violations & Fines

Fees are collected with the building permit. Starting ADU work in the City of Fountain Valley before obtaining the permit brings a penalty of double the permit fees under § 18.04.030, plus a special investigation charge when the Building Official requires one. Development Code violations are misdemeanors under § 21.64.020, with fines up to $1,000 under § 1.16.010.

Frequently Asked Questions

Does a small ADU in Fountain Valley pay an impact fee?
No. Section 21.08.055 allows an impact fee only for an accessory dwelling unit of 750 square feet or larger. A unit under 750 sq. ft. in the City of Fountain Valley is not subject to an impact fee, although utility connection charges can still apply to some new construction units.
How is the ADU impact fee calculated in Fountain Valley?
It must be charged proportionately in relation to the square footage of the primary dwelling unit. The code does not print a dollar rate in this section. The state definitions in Government Code Sections 66000(b) and 66477 decide which fees count as impact fees.
Can Fountain Valley charge water and sewer connection fees for an ADU?
For an ADU inside an existing structure, no new connection fee or capacity charge can be imposed. For a new construction ADU, the city can require a separate connection and charge a fee proportionate to the unit's square feet or drainage fixture units, capped at the reasonable cost of service.

Sources & Official References

Other rules in Fountain Valley

All Fountain Valley rules

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