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ARTICLE · 18 JUNE 2014

CEQA Class 3 Categorical Exemptions Permitted for AT&T Installations

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The First District Court of Appeal held that AT&T’s proposed installation of new utility cabinets in the City of San Francisco fell within CEQA’s Class 3 categorical exemption.

United StatesReal Estate and Construction
Amar Naik
Amar Naik
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San Francisco Beautiful v. City & County of San Francisco (1st. Dist., Div. 4, 5/30/2014)

The First District Court of Appeal held that AT&T's proposed installation of new utility cabinets in the City of San Francisco fell within CEQA's Class 3 categorical exemption for the "installation of small new equipment and facilities in small structures."  The court rejected the applicability of any exceptions to the exemption and affirmed the trial court's denial of the petition.  The court acknowledged the split of authority regarding the applicable standard of proof and standard of review but stated it would reach the same result under either standard.

In 2010, AT&T applied for a categorical exemption for a revised project designed to construct 726 new utility cabinets on public sidewalks throughout the City.  The San Francisco Planning Department determined the project was categorically exempt from environmental review under the Class 3 exemptions for (1) construction

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