City and County of San Francisco v. All Persons Interested in the Matter of Katherine Roberts, Trees Not Cars
Filed 3/21/06 City and County of San Francisco v. All Persons Interested in the Matter of Katherine Roberts, Trees Not Cars CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| CITY AND COUNTY OF SAN FRANCISCO, Plaintiff and Respondent, v. ALL PERSONS INTERESTED IN THE MATTER, KATHERINE ROBERTS, TREES NOT CARS, Defendants and Appellants. | A107888 (San Francisco County Super. Ct. No. CGC-03-427163) |
| KATHERINE ROBERTS, TREES NOT CARS, Cross-complainants and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Cross-defendants and Respondents; MUSIC CONCOURSE COMMUNITY PARTNERSHIP, Real Party in Interest and Respondent. | |
| SAVE GOLDEN GATE PARK et al., Petitioners, v. CITY AND COUNTY OF SAN FRANCISCO, Respondent; MUSIC CONCOURSE COMMUNITY PARTNERSHIP, Real Party in Interest. | (San Francisco County Super. Ct. No. CPF-03-503844) |
The voters of San Francisco in 1998 approved Proposition J, the Golden Gate Park Revitalization Act of 1998, which provided for an underground public parking facility (the garage) to be built in the music concourse area of Golden Gate Park. (S.F. Admin. Code, appen. 41, § 1 (Prop. J).) The City and County of San Francisco (the City) developed plans for the garage, and through the Golden Gate Park Concourse Authority (the Authority) and the Recreation and Park Commission (the Commission) entered into a lease with Music Concourse Community Partnership (MCCP), which was to operate the garage for 35 years. The City then filed a validation action in San Francisco Superior Court. Katherine Roberts and Trees Not Cars (collectively Trees) filed a cross-complaint seeking a writ of mandate and injunctive and declaratory relief. The trial court issued a statement of decision provisionally validating the garage project, with a single exception dealing with the design of one entrance to the garage, ordering the City to address its concerns about the entrance, and refusing to enjoin continued construction of the garage. After further proceedings, the trial court granted full and final approval on the complaint for validation. We affirm.
I. BACKGROUND
A. Proposition J
The principal purposes of Proposition J were to create a â€
