Reso 2022-086 2nd amendment to DDA

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engineering requirements related to flood plain and sea level rise, with such requirements and the site engineering plans subject to approval of the City Engineering and Transportation Director. In accordance with Mitigation Measure HYDRO-7, the Project shall be designed to be resilient to a mid-century sea level rise projection. If the Project would remain in place longer than mid-century, an adaptive management plan shall be developed to address the long-term impacts that would arise. The results of the risk assessment shall be incorporated into the site design. Such plans shall include provisions related to surcharge and raising the level of the Property in accordance with technical recommendations and approved plans. b) An acceptable method of fulfilling the adaptive management plan required by Mitigation Measure HYDRO-7 is to design structures to be resilient to the 2070 sea level rise projection and establish a funding mechanism to address capital improvements necessary for future adaptation to sea level rise. As such, Developer has agreed to participate in Community Facilities District financing which will address future sea level rise improvements. Developer Project Element structures on the Property shall be designed to be resilient to a 2070 sea level rise projection of 3.5 feet above Base Flood Elevation as defined by the Medium -High Risk Aversion scenario in the 2018 State of California Sea Level Guidance. The minimum finish floor elevation to meet the base flood elevation plus sea level rise to 2070 is 13.5 NAVD88, unless alternate approved means are approved by the City Engineering and Transportation Director. Future elevation plans shall be submitted in NAVD88. 17. Soils Exportation a) Upon the approval of City, Developer shall deposit its available excess soil on the portion of the Park Parcel that is the responsibility of the City in accordance with City plans and as described and depicted in the Shoreline Responsibility Map (Exhibit R) of the DDA, provided that City shall have the right to disapprove the importation of excess soil to the Park Parcel which the City determines is not necessary. Developer shall not be obligated to import additional soil in order to make such deposits on the portion of the Park Parcel that is the responsibility of the City. Developer's deposit of soil shall be in accordance with the requirements of Section 2.7 of the DDA and this DDA Scope of Development, including the parties' execution of a right of entry agreement which protects City from defects in the condition of the deposited soil and provides for the testing of soil to confirm that there are no contaminants or similar unsuitable constituents and the stabilization of the soil deposited on the Park Parcel. Deposit of soil shall include proper SWPPP, access lanes, be in accordance with_geotechnical recommendations for use for future grading operations, and include all necessary chain of custody documentation related to the nature of the material. City and Developer shall use good faith efforts to coordinate and make compatible the construction schedules for the City's construction of the Park Element with Developer's deposit of excess soil on the Park Element. 9