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17 X. The 80-foot macro tower with diesel generator does not qualify for a Class 3 CEQA Exemption. The Planning Commission approved an exemption to the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15303. However, the Staff Report and the Planning Commission offer no discussion of why this it is appropriate here. The exemption applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. In the case of Don’t Cell Our Parks v. City of San Diego, this CEQA exemption was upheld for a 35-foot faux tree antenna tower hidden in a stand of taller trees in a city park because it was “much smaller than a single-family residence, store, motel, office or restaurant[.]”35 However, unlike the 35-foot disguised tower among trees at issue in Don’t Cell Our Parks, AT&T’s proposed facility is much larger and not hidden among any trees. It is conspicuous from many residential properties, to future neighboring residents and to riders of BART. It also can pose air quality and noise impacts from the 30kW diesel generator.36 AT&T’s tower, by virtue of its size and position, is also even more out of place with the surrounding environment than the installations denied in the 2022 case of Saint Ignatius Neighborhood Association v. City & County of San Francisco. There, the court of appeal explained that this CEQA exemption cannot be used to exempt 90-foot-tall light standards because they are significantly taller than any other structure in the neighborhood, the city's zoning ordinance limits residential buildings in the area to 40 feet tall and typical streetlights are only 25 to 30 feet tall. . . The cell tower [in the Don't Cell Our Parks case] was small within its setting, unlike the light standards at issue here which will be by far the tallest structure 35 Don't Cell Our Parks v. City of San Diego (2018) 21 Cal. App. 5th 338, 359-360. 36 Application, Attachment 1, Exhibit C, Sheet C-5. Att B - Page 37 of 46