SF Beautiful v. City & Co. of SF

I. BACKGROUND

1 All undesignated statutory references are to the Public Resources Code. 2 Plaintiffs and appellants are San Francisco Beautiful, San Francisco Tomorrow, Dogpatch Neighborhood Association, Potrero Boosters Neighborhood Association, and Duboce Triangle Neighborhood Association.

1 AT&T applied for a categorical exemption for its “Lightspeed” project, which is intended to upgrade broadband speed and capabilities based on internet protocol technology, using an expanded fiber-optic network. It would connect the fiber to electronic components located in 726 new utility cabinets on public sidewalks. The majority of the cabinets would be approximately 48 inches high, 51.7 inches wide, and 26 inches deep. The new cabinets would be “paired” with—or placed within 300 feet of— existing AT&T utility cabinets. AT&T has not yet determined precisely where the new utility cabinets will be located.3 In 2007, AT&T sought a categorical exemption from CEQA review for an earlier version of the project, which would have included approximately 850 utility cabinets. The San Francisco Planning Department, in case number 2007.1350E, determined the project was exempt pursuant to section…