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SB 9 Lot Splits in Torrance and Gardena: Can You Add a Rental Unit in 2026?

Published July 15, 2026

SB 9 still lets Torrance and Gardena owners split a lot and add units in 2026, but a three year owner occupancy affidavit and local rules apply.

Yes, in most single-family zones in Torrance and Gardena you can still split a lot into two under SB 9 and add up to two units per lot, but state law requires whoever applies to sign an affidavit committing to live in one of the units for at least three years, and both cities layer on their own objective design standards under their local SB 9 ordinances. There is no new statewide rollback of SB 9 for 2026, but local rules still shape what you can actually build.

What SB 9 lets you do, in plain terms

Senate Bill 9, now codified at Government Code sections 65852.21 and 66411.7, forces cities to ministerially approve two things on most single-family zoned lots: splitting one lot into two, and building up to two residential units on a lot, including a duplex on a lot that has not been split. Stack both provisions together and a single-family parcel can end up with as many as four units, two lots with two units each, without going through a discretionary hearing. Cities cannot use their normal design review or public hearing process to block a project that meets the objective standards; they can only apply narrow, specific, non-discretionary criteria.

The catch that trips people up is the owner-occupancy affidavit. For the lot split half of SB 9, the applicant has to sign an affidavit stating they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date the lot split is approved, unless the applicant is a nonprofit or community land trust. That occupancy requirement applies to the lot split, not to a two-unit project on an unsplit lot. Cities are not allowed to add their own extra owner-occupancy conditions on top of what the statute already requires. California's Department of Housing and Community Development flagged in its own 2026 guidance that some jurisdictions have incorrectly tried to impose additional occupancy standards that SB 9 does not authorize, so if a city planner tells you they have an extra local occupancy rule beyond the three year affidavit, that is worth double checking against the statute.

Torrance and Gardena each have their own SB 9 ordinance

SB 9 lets local governments adopt objective standards to govern how these projects get built, as long as those standards do not, in effect, block what the state law requires. Torrance adopted its own SB 9 ordinance and codified two-unit projects and urban lot splits under Torrance Municipal Code section 92.29.34, with the city's planning division handling review. Under that ordinance, an urban lot split in Torrance's R-1 zone can produce two new parcels, each of which can then carry up to two units, for a potential four units total from what started as one lot, subject to the city's setback and lot size standards, including the state floor of 1,200 square feet per resulting lot.

Gardena similarly administers SB 9 applications through its own planning division and objective development standards, layered on top of the state law's baseline. Because both cities can set their own setback, height, parking, and design requirements within what the state law allows, the buildable footprint on a given lot can differ meaningfully between the two cities even though both are working from the same state statute. Before you commit to a lot split plan, pull the specific municipal code section for the city where your property sits rather than assuming Torrance and Gardena treat SB 9 identically, because they do not.

What has and has not changed heading into 2026

There is no repeal of SB 9 in place for 2026. The law has faced legal challenges since it passed, including litigation from some cities arguing it improperly overrides local land use authority, but SB 9 has remained in effect and continues to require ministerial approval of qualifying lot splits and two-unit projects statewide. Separately, there is ongoing legislative activity around accessory dwelling unit occupancy rules that is distinct from the original 2021 SB 9 lot split law, so do not confuse a new ADU-focused bill with a change to the core lot split statute. If you are evaluating a project this year, work from the current text of Government Code sections 65852.21 and 66411.7 and your city's adopted objective standards, not from secondhand summaries that may be describing an earlier or proposed version of the law.

What this means for you

If you are sitting on a single-family lot in Torrance or Gardena and thinking about adding a rental unit, SB 9 is a real path, but it comes with strings: a three year owner-occupancy commitment if you go the lot split route, a city-specific set of setback and design rules you have to meet, and a ministerial approval process that still requires you to submit a complete, code-compliant application. It is not a free-for-all, and it is not identical from one city to the next. Get the specific municipal code section for your city in hand before you spend money on plans.

If you would rather have someone walk your specific lot through what is actually buildable before you sink money into architectural drawings, that is the kind of groundwork we help owners do at Schofield.

This is general information, not legal or tax advice. Confirm with a licensed professional before you act.

Sources

  1. SB 9 (2021) bill text, Housing development approvals
  2. California HCD, Duplexes and Lot Splits (SB 9) fact sheet, April 2026
  3. California HCD, SB 9 Fact Sheet
  4. City of Torrance, Two Unit Projects and Urban Lot Splits (SB 9)
  5. Los Angeles County Planning, SB 9 Implementation Memo, revised January 2026
  6. Government Code section 66411.7, urban lot splits

Last verified: July 2026.

Topics: compliance, SB 9, lot splits, ADU, Torrance, Gardena

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