September 1, 2026
Mayor Austin Lumbard
Members of the City Council
City of Tustin
300 Centennial Way
Tustin, CA 92701
RE: Agenda Item 11 — Development Agreement, Tentative Parcel Map, Conditional Use permit and Density Bonus request for the Clearwater at Tustin Legacy Senior Living Project To The Honorable Mayor Lumbard and Members of the City Council, The Kennedy Commission (the Commission) is a broad-based coalition of residents and community organizations advocating for the production of homes affordable for families earning less than $30,000 annually in Orange County. Since 2001, we have successfully partnered with jurisdictions across the county to create housing and land-use policies that increase affordable housing opportunities for lower-income working families.
We are writing regarding the proposed Clearwater project at Tustin Legacy, which would establish a senior living community on a vacant 6.14-acre, City-owned site. The proposed project consists of a 172-unit residential community for active, independent seniors, including 26 units affordable to lower-income households, as well as a 103-unit assisted living and memory care facility. The applicant is also requesting a Conditional Use Permit (CUP) to establish and operate the 103-unit assisted living and memory care facility as part of the overall senior living development.
We are asking that the City and developer adjust the number of affordable units to 15% of the total development of units proposed in the project. Because the property is City-owned, the project is subject to the requirements of the Surplus Land Act (SLA). Although the City declared the property exempt surplus land on June 15, 2021, the SLA generally requires that property sold by a public agency and subsequently developed with 10 or more residential units include at least 15 percent of the units affordable to lower-income households.
The applicant is requesting a 38.75 percent density bonus to increase the allowable density from 124 base units to 173 units in exchange for providing 26 units affordable to lower-income households. In return, the applicant would receive one incentive related to the bedroom mix of the affordable units, as well as waivers related to private open space, building setbacks, patio wall height, and architectural feature requirements. The applicant is also requesting a CUP to add an additional 103-units assisted living and memory care facility.
Given the overall scope of the proposed development, 26 affordable units does not provide a sufficient level of affordable housing relative to the project as a whole. The proposed development includes 172 units in the independent senior living community and an additional 103 units in the assisted living and memory care facility, for a total of 275 residential units. Applying a 15 percent affordability standard to the full residential component would result in 41 affordable units, rather than the 26 units currently proposed.
The City should add the 103 assisted living units, which are being established and operated through the requested CUP as part of the overall senior living development, be included when evaluating the project's affordable housing obligations. Excluding these units from the calculation significantly 1