Fountain Valley, CA Accessory Structures: ADU Rental Restrictions (2026)

Section 21.08.055 of the Fountain Valley Municipal Code sets the objective standards for accessory dwelling units in the City of Fountain Valley, and the rental rules repeat in each subsection that covers a type of unit. For a unit built within an existing structure under subsection (a), item (7) says the unit may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from it. Item (13) adds that if the unit is available for rent, the rental shall be for a term longer than 30 days. That closes off nightly and weekly stays, so an ADU in Fountain Valley cannot run as a short-term rental. The same 30-day language appears for new construction units under subsection (b), item (22), and for junior accessory dwelling units under subsection (d), item (6).

The sale bar has one exception for full ADUs. A unit can be conveyed separately if it qualifies as a sale or conveyance of an accessory dwelling unit separate from the primary residence under Government Code Section 65852.26, which the city code names directly. A junior accessory dwelling unit has no such exception: subsection (d), item (7) says it may be rented separately but may not be sold or otherwise conveyed separate from the primary residence.

Item (14) turns both limits into a recorded restriction. The owner must record a covenant with the county recorder's office stating that the unit will not be sold separately and that the rental term will not be less than 30 days. Copies of the recorded covenant must be filed with the building department. The covenant runs with the land and binds any future owner, heirs, or assigns, so a buyer of the property takes on the same limits. Note the wording: the standard itself says a term longer than 30 days, while the covenant says a term not less than 30 days, so owners should treat 30 days as the floor and plan leases well beyond it.