HomeMy WebLinkAbouteComment-Kennedy Commission (Item 11)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
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reduces the affordable housing contribution associated with a project that would ultimately provide
275 residential units on City -owned land.
The substantial density increase and requested development concessions is not balanced by the
affordable housing benefits being provided. The applicant is seeking a significant density bonus,
multiple waivers, and a CUP to establish and operate an additional 103-unit residential care
component on City -owned land. These benefits should be accompanied by a meaningful affordable
housing contribution that reflects the scale of the overall development and the public value of the
City -owned site.
We therefore urge the City to reconsider the amount of affordable housing required as part of the
project and ensure that the development provides an appropriate level of affordable housing
consistent with the requirements and intent of the Surplus Land Act. We ask for a 15% affordability
requirement to be applicable to the entire project that would result in 41 affordable lower -income
units. The City should clearly explain the basis for excluding the assisted living and memory care
units from the affordable housing calculation and how the proposed 26 affordable units satisfy the
applicable statutory requirements.
We appreciate the opportunity to provide these comments and look forward to continued
engagement with the City to support the production of affordable housing opportunities for current
and future residents. If you have any questions, please feel free to contact me at (949) 250-0909 or
cesarc ckkennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
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