Odinance 1580 and Development Agreement 2025-0001 (with CD-CW (Tustin) LLC) were adopted at the September 15, 2026 Tustin City Council meeting — the second reading proceeded as scheduled. The roll-call vote count was not published in available records. No state enforcement action by the California Department of Housing and Community Development (HCD) has been filed as of the last available evidence, and the Kennedy Commission's Surplus Land Act objection remains unresolved at the regulatory level.

Clearwater at Tustin Legacy, by Confluent Senior Living, will occupy 6.14 city-owned acres at the southeast corner of Warner Avenue and Armstrong Avenue in Tustin Legacy Neighborhood D South — formerly part of MCAS Tustin. The project comprises two buildings:

• Building 1: 172 age-restricted active-senior (55+) apartments, including 26 units restricted to lower-income households. The unit count reflects a density bonus from a 124-unit base to 173 (one unit is unstated in the record).
• Building 2: Approximately 143,000 sq ft with 75 assisted-living and 28 memory-care units (103 units, 134 beds total).

This will be the first on-site senior care facility at the Tustin Legacy master-planned community. Occupancy is targeted approximately two years after approval.

The Kennedy Commission, led by director Cesar Covarrubias, argued before the September 1 vote that California's Surplus Land Act (Gov. Code §54220 et seq.) requires at least 15% of all 275 units — roughly 41 affordable units — because the city is disposing of surplus public land for a residential project exceeding 10 units. City staff applied the 15% threshold only to the 172 active-adult apartments (yielding approximately 26 affordable units) and classified the 103-unit assisted-living and memory-care building as an institutional use outside the residential affordability mandate. The Kennedy Commission disputes that classification. With Ordinance 1580 now adopted, any further challenge would likely require an HCD enforcement action or litigation; neither had been initiated as of the last available evidence.

With final adoption complete, the next milestones are: execution of Development Agreement 2025-0001, entitlement and permitting activity on the 6.14-acre site, and any potential Surplus Land Act enforcement proceeding initiated by HCD or a legal challenge by the Kennedy Commission.