Search Results for: kapor
After waging a six-year legal battle over the right to build a mansion and 10-car garage in the Berkeley hills, Lotus Development Corp. founder Mitch Kapor and his wife Freada Kapor-Klein have put their property on the market.
The Kapors were not available to comment by publication time.
The legal battle began when the Berkeley Hillside Preservation Group, sued the city over the need to conduct an environmental impact report (EIR) of the Kapors’ building plans on the Rose Street property.
In general, single-family homes are exempt from conducting state-mandated impact reports but the Hillside Preservation Group argued that the proposed structure was exceptionally large and in an area that was susceptible to landslides. In order to build the mansion, the road would also have to be widened. Together, the group argued, the plans would generate an impact to the environment, and thus required a review. … Continue reading »
Update, Sept. 24, 2015: After the Supreme Court’s May ruling, detailed below, the state’s Court of Appeal (First Appellate District) reviewed the issue of CEQA exemption once more, having been remanded to do so by the Supreme Court. On Sept. 23, the Court of Appeal issued its conclusion “that sufficient evidence supports the City’s conclusion the project is categorically exempt from further CEQA review.” The court also denied the latest appeal by the Berkeley Hillside Preservation group. “We therefore affirm the trial court’s order denying appellants’ petition for a writ of mandate,” it wrote. Read the full decision.
Original story: The California Supreme Court has left intact a ruling limiting environmental review of large single-family homes, such as the one philanthropist and Lotus Development Corp. founder Mitch Kapor and his wife Freada Kapor-Klein applied to build at 2707 Rose St. in North Berkeley.
The decision, which was released on May 27, was the latest development in the Berkeley Hillside Preservation vs City of Berkeley case that has been in and out of court since 2010 when Kapor was given approval by the city of Berkeley to build a 6,478-square-foot home (with a 3,394-square-foot garage) on the sloping Rose Street lot.
Arguments have centered over whether Berkeley should prepare an environmental impact report (EIR) for the project — for which single family homes like this one are exempt unless unusual circumstances can be proved. … Continue reading »
Update, 3.19.15: The Berkeley Hillside Preservation Group is asking the Supreme Court for a rehearing of its case. It filed its petition on March 18. The Supreme Court recently appointed two new justices, following two retirements, and the group is hoping a reconsideration of their arguments might bring a different result. The vote was 5-2 for the defendant at the first hearing. A decision on whether the court will grant or deny a rehearing will be known by May 29. Read the Petition for Rehearing.
Original story: The California Supreme Court today ruled in favor of the city of Berkeley and philanthropist and Lotus founder Mitch Kapor, and against a group of preservationists who have been fighting for five years a proposal from Kapor and his wife, Freada Kapor Klein, to build a new home at 2707 Rose St.
In a ruling issued Monday morning, the court said it was reversing a Court of Appeal’s decision that had effectively said the 6,478-square-foot home (with a 3,394-square-foot garage) should be subject to an environmental impact report (EIR). Single-family homes are normally exempt from EIRs, which fall under the California Environmental Quality Act (CEQA). … Continue reading »
The long-running saga of philanthropist and Lotus founder Mitch Kapor’s attempt to build a new home in North Berkeley landed at the California Supreme Court in Los Angeles on Tuesday this week.
At the Dec. 2 hearing, the Court heard arguments on whether the rules that exempt most proposed single-family homes from undergoing an environmental impact report (EIR) should apply to the proposal by Kapor, and his wife Freada Kapor Klein, to build a new home with a 10-car garage at 2707 Rose St.
According to Bob Egelko, the Chronicle’s courts reporter, at the one-hour hearing Susan Brandt-Hawley, a lawyer for the Berkeley Hillside Preservation group, re-iterated arguments that have been presented to Berkeley’s Zoning Adjustments Board (which originally approved the project in January 2010), and the Alameda County Superior Court, which subsequently denied an appeal on the case.
Brandt-Hawley said that building a “huge home” in a “landslide zone,” which will also require extensive work to widen the roadway, should amount to unusual circumstances requiring environmental review. She cited testimony by the group’s expert witness, engineer Lawrence Karp. … Continue reading »
Plans by Lotus founder and philanthropist Mitch Kapor to build a new home in Berkeley, which have been more than two years in the making, have been put on hold following a court ruling in favor of a citizen group challenging the construction.
The City of Berkeley is to be ordered to conduct an environmental impact report on Kapor’s project, a reversal of a previous decision by the Alameda Superior Court which ruled that Berkeley’s Zoning Adjustments Board had conducted due process in approving use permits for the Kapors to build a home at 2707 Rose Street.
The Feb. 15th ruling, by the First District Court of Appeal, makes Berkeley’s January 2010 decision unlawful.
In its appeal, the Berkeley Hillside Preservation Group argued that the project, which would see a contemporary style home (including a 10-car garage) built on the north Berkeley lot, should not be exempt from environmental review under the California Environmental Quality Act (CEQA). Single family homes are normally exempt, but the group used expert opinion to argue that the construction would have “significal environmental impacts.” … Continue reading »
Update, 01.31.12: Both parties in the 2707 Rose Street case, which went to appeal and was heard in the First Appellate District, Division 4, California Court of Appeal in San Francisco on January 24th, are now waiting to hear the outcome. In the meantime Berkeley Hills Preservation group alerts us to its website which contains full details of its case.
Original story: Mitch Kapor is no closer to being able to begin construction on his new home in the north Berkeley hills after a court date set for tomorrow, January 10th, at which opponents to his plans were to have appealed a December 2010 ruling against them, has been moved back 14 days.
Meanwhile, Kapor, the philanthropist and founder of Lotus, and his wife Freada Kapor Klein — who received approval approved use permits from the City of Berkeley City of Berkeley’s Zoning Adjustments Board two years ago this month to build a new for a 6,478 sq ft home with 10-car garage at 2707 Rose Street — have voluntarily agreed not to undertake any construction activities at the site.
The lot has, however, been cleared in anticipation of a possible build. The original home at the location, a 2-story 2,477 sq ft 1925 house, abandoned for many years, has been removed, as well as a garage at street level, leaving merely foundations in their place.
The Berkeley Hills Preservation Group’s appeal rests on the argument that the build will have “a significant effect on the environment due to unusual circumstances” (California Environmental Quality Act Guidelines [14 Cal.Code Regs.]), and therefore warrants a CEQA environmental review — something not normally required for the construction of single family homes. … Continue reading »
Fifteen months after Mitch Kapor received permission from the city of Berkeley to build a home at 2707 Rose Street, the Lotus founder and philanthropist has begun to dismantle the abandoned 2-story, 2,477 sq ft 1925 house on the property, in readiness, one assumes, for construction to begin on his new abode.
A group of north Berkeley residents who are contesting the construction of a new home by Lotus founder and philanthropist Mitch Kapor on his property at 2707 Rose Street say they may move for a new trial after a judge ruled against them in December.
“The case is not yet over,” said Susan Nunes Fadley, a member of the Berkeley Hills Preservation group which has protested the bid by Kapor and his wife Freada Kapor-Klein to build a … Continue reading »
A long-awaited hearing was held on Wednesday morning at Alameda County Superior Court in a case that sees the city of Berkeley pitched against a group of Berkeley residents over a well-known software mogul and philanthropist’s attempt to build a new, contemporary-style home at 2707 Rose Street.
After the application by Lotus founder Mitch Kapor and his wife Freada Kapor-Klein to construct a new house on their Rose Street lot was initially approved by Berkeley’s zoning board in January, … Continue reading »
Mitch Kapor, the philanthropist and founder of Lotus, has not allowed the difficulties he is facing building a home in Berkeley to deter him from channeling his money into good causes based in our city.
BSN’s stated aim is to strengthen the pipeline of … Continue reading »
It’s been a while since we checked in on Lotus founder and philanthropist Mitch Kapor and his attempt to move to Berkeley — indeed to build a new home for himself here.
As some readers will doubtless remember, late in 2009 Mr Kapor applied to build a 6,478 sq ft, contemporary house in north Berkeley at 2707 Rose Street, on a 0.68 acre lot complete with old house that he acquired in August 2008.
A group of Berkeley residents has filed suit against the City of Berkeley for failing to act with due process when it approved the application, by Lotus founder and philanthropist Mitch Kapor, to build a new home at 2707 Rose Street.
The newly formed Berkeley Hillside Preservation group filed a petition in the Alameda Superior Court yesterday stating that the city had exempted the Kapor application from an environmental review that is mandated under the California Environmental … Continue reading »