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Amendments to DA No. 2004-01 June 14, 2010 Page 6 "requesting" participation from the Agency. The process for obtaining Redevelopment Agency participation would have two steps: (1) delete the provision prohibiting the "request"; and, (2) the applicant would then submit a request to the Redevelopment Agency staff to be considered by the Agency Board. The Agency Board is comprised of the City Council members. Any economic participation in the project would require Agency Board approval. The issue of whether the Agency will provide economic assistance is not before the Planning Commission. The only issue before the Commission is the question of whether the applicant should be entitled to ask. In other words, deleting Section 5.8.2 does not provide economic assistance. It only allows the applicant to make a subsequent request to the Redevelopment Agency. Planning 8 Building Agency staff offer no opinion as to whether such a subsequent request for specific economic assistance may be appropriate, as such an issue lies outside the purview of our analysis and role in regulating land use. However, staff has no objections to allowing the applicant to make such a request. 5. Section 5.9 (3) Historic Structures on the Property Notwithstanding the title of this section, this particular request of the applicant has no bearing any historic structures or cultural resources. The applicant proposes to amend a provision requiring a future excavated area to be refilled after construction of the piles is completed. This future excavated area will be located below the tower. The excavation is necessary in order to construct the building's piles (i.e., part of the building's foundation system). The current language requires the excavated area to be refilled if the tower construction does not commence within 90 days. The applicant requests an additional 30 days, for a total of 120 days. The requirement aims to ensure that an excavated area is not left open for an extended period. Staff believes the request to allow 120 days is reasonable. The proposed modifications to the One Broadway Plaza development agreement do not affect the overall quality of the project. All other provisions of the agreement will remain in effect as will all other requirements related to the tower. Therefore, based on the above analysis, staff recommends that the Planning Commission recommend that the City Council approve the Amendments to Development Agreement No. 2004-01. CEG1A Comallance These amendments to Development Agreement No. 2004-01 are exempt from the Cal'rfomia Environmental Quality Act pursuant to CEQA Guidelines Sections 15061(b)(3) and 15304(c). Pursuant to Section 15061(b)(3) "CEQA applies only to projects, which have the potential for causing a significant effect on the environment." The proposed amendments to the development agreement represent changes primarily to the business aspects of the project's approval e.g., 50% prelease requirement, 51% ownership requirement, timing for payment of neighborhood traffic plan fees, and prohibition on requesting economic assistance. Therefore, "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment 75A-20