The Clearwater at Tustin Legacy senior campus remains on track for second reading of Ordinance 1580 and its development agreement at the September 15, 2026 Tustin City Council meeting. No new evidence since the September 5 Daily Pilot report has altered the project scope, the council vote posture, or the outstanding Surplus Land Act dispute.

On September 1, 2026, the Tustin City Council unanimously gave first approval to a Confluent Senior Living project on six acres of city-owned former MCAS Tustin land at Warner Avenue and Armstrong Avenue. The project comprises two components: a 172-unit active-adult (55+) apartment building, 26 units of which are income-restricted, and a separate 103-unit, 134-bed building containing 75 assisted-living and 28 memory-care units — 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 raised an objection under California's Surplus Land Act (Gov. Code §54220 et seq.), arguing that because the city is disposing of surplus public land for a residential project exceeding 10 units, at least 15% of all 275 units — or roughly 41 units — must be restricted to lower-income households. City staff and the project applicant applied the 15% requirement only to the 172 active-adult apartments (yielding 26 affordable units, approximately the statutory threshold) and treated the 103-unit assisted-living and memory-care building as an institutional use exempt from the residential affordability mandate. The Kennedy Commission disputes that classification. The dispute has not been adjudicated; second reading on September 15 will proceed under the city's interpretation unless the council modifies its position or the state intervenes.

The September 15 council meeting is the critical next milestone. If Ordinance 1580 and the development agreement receive final approval, the Kennedy Commission or the California Department of Housing and Community Development could potentially pursue a Surplus Land Act enforcement action. No such action has been filed as of the last available evidence.