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Board affirms zoning administrator: Burke School may host Camp Galileo under existing CUP

San Francisco Board of Appeals · June 9, 2010
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Summary

The board of appeals voted 4–0 to uphold the zoning administrator’s determination that summer programs run by third parties are an authorized school use at the Catherine Delmar Burke School campus, rejecting a homeowners association appeal seeking limits and environmental review.

The Board of Appeals voted unanimously (4–0) to uphold a zoning administrator determination that the Catherine Delmar Burke School may host Camp Galileo this summer under the school’s 2006 conditional use authorization. Lincoln Park Homeowners Association had appealed, arguing the determination would permit an intensification of summer activity on the campus — up to 400 enrollments in the LOD — without environmental review or binding parking/traffic mitigation.

Appellants said the 2006 CUP expressly contemplated no expansion in enrollment or program and pointed to historic summer activity (they cited weeks with roughly 40 campers) as the benchmark; they asked the board to revoke the LOD or require further traffic and environmental analysis and submission of the Galileo contract. Counsel for Burke and Camp Galileo said summer programs are an integral educational function of a school, the planning commission intentionally removed a proposed separate numerical cap (it had earlier considered a 150‑student limit), and the 2006 CUP and the zoning record allow third‑party educational programming on campus.

Head of school Kim Wargo described outreach to neighbors, an agreed reverse driveway traffic flow for drop‑off/pick‑up, contracted security for staging, and a contract with Camp Galileo that limits any single week’s enrollment to 250 campers this summer. Camp Galileo’s CEO said the operator averages fewer than 100 campers per week at the proposed campus this season and provides scholarships and neighborhood coordination in other city locations.

The board’s majority concluded the zoning administrator had not abused discretion in finding summer programming is an institutional, school‑related use consistent with the CUP; Commissioners said conditions in the CUP and the planning commission’s deletion of a separate cap indicated the commission intended to allow summer activity as part of the school’s authorized functions. Several commissioners urged continued neighborhood engagement and voluntary caps; the board did not add new conditions to the LOD but the school said it would reassess the contract and enrollment after the season and work with neighbors on traffic and other impacts.

The decision leaves the March 23 LOD standing and allows Camp Galileo to operate this summer within the contractual limits Burke has set.