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Amendments to DA No. 2004-01 <br /> June 14, 2010 <br /> Page 7 <br /> CEQA Guidelines Section 15304(c) further exempts from CEQA projects involving the "[t]illing of earth <br /> into previously excavated land with material compatible with the natural features of the site." <br /> Amendment to Development Agreement Section 5.9(3) proposes to extend the period of time by 30 <br /> days for refilling an excavated area that will be necessary to construct the building's foundation. The <br /> requirement to refill the excavated stems only from the City's interest to return the site to an <br /> appearance of a vacant lot should the tower construction not commence in a timely fashion. The <br /> excavated area, indeed the entire 4.34 acre construction site, will be secured and screened during all <br /> construction activities, including the proposed 120 day period. <br /> Potential environmental impacts related to the development agreement have been analyzed and will <br /> be mitigated as identified in the One Broadway Plaza environmental impact report (EIR No. 99-01). <br /> Therefore, no further CEQA action is requin:d for this project and a Notice of Exemption will be filed. <br /> <br /> Vince Freg o, A P <br /> Principal PI r <br /> <br /> VF:jm <br /> <br /> reparlsWnentl DA04-01 One BrondweY.081410.pc <br /> 75A-21 <br /> <br />