Berkeleyside » 2707 Rose Street

Court date moved in next stage of Mitch Kapor home saga

Tracey Taylor — Mon, 09 Jan 2012 22:00:52 +0000

The original 1925 home on the site of Mitch Kapor's proposed new home at 2707 Rose Street has been demolished. Photos: Tracey Taylor

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.(...)

Read the rest of Court date moved in next stage of Mitch Kapor home saga (373 words)

By Tracey Taylor. | Permalink | 49 comments |
Post tags: 2707 Rose Street, Mitch Kapor

Mitch Kapor takes first step to building Berkeley home

Tracey Taylor — Mon, 02 May 2011 16:15:44 +0000

Jason Strauss sent in this photo of the demolition under way of the abandoned home on 2707 Rose Street, a property owned by Mitch Kapor

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.

The 1925 home at 2707 Rose Street which was bought by Mitch Kapor for $725,000 in 2008. Photo: Tracey Taylor

Regular Berkeleyside readers know we have been following this saga since the very beginning. Fourteen articles and 375 reader comments later — and after appeals from a group calling itself the Berkeley Hills Preservation group, a City Council revisitation and a court case — it appears it’s all systems go for Mr Kapor and his wife, Freada Kapor Klein, to come live among us.

Read the full details of the run-up to this moment in our extensive coverage which kicked off on January 25, 2010.

By Tracey Taylor. | Permalink | 22 comments |
Post tags: 2707 Rose Street, Mitch Kapor

Protesters in Mitch Kapor case say the battle is not over

Tracey Taylor — Thu, 27 Jan 2011 15:00:04 +0000

Mitch Kapor and Freada Kapor-Klein.

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 home in Berkeley from the outset. “In our and our lawyer’s opinion there were errors in the judgment, and so we are planning to move for a new trial. If we don’t prevail in the new trial motion, we are likely to appeal.”

Alameda County Superior Court Judge Frank Roesch ruled against the Berkeley Hills Preservation group, whose attorney, Susan Brandt-Hawley, had argued that the city of Berkeley should not have given Kapor approval to build a 6,478 sq ft home without first ordering an Environmental Impact Report, as legislated under the California Environmental Quality Act (CEQA).

The City of Berkeley approved Kapor’s original application and the immediate neighbors of 2707 Rose Street support the project. Councilmember Susan Wengraf, whose district includes the property, is in agreeement with Judge Roesch who ruled that there was nothing out of the ordinary about such a large home being built on a steep slope. Wengraf told the Daily Californian “I’m a little frustrated with frivolous lawsuits and appeals that try to prevent people from doing what they are already allowed to do.”

Susan Brandt-Hawley did not return calls from Berkeleyside. Mitch Kapor’s attorney, Amrit Kulkarni told Berkeleyside earlier this month that he would be surprised if [Berkeley Hills Preservation] continued legal proceedings. “But if they do we are prepared to fight,” he said.

By Tracey Taylor. | Permalink | 78 comments |
Post tags: 2707 Rose Street, Mitch Kapor, Susan Wengraf

Lotus founder may yet build his Berkeley home

Tracey Taylor — Tue, 04 Jan 2011 17:00:36 +0000

A model of the home Mitch Kapor hopes to build at 2707 Rose Street in north Berkeley.

A group of north Berkeley residents who are trying to prevent Lotus founder and philanthropist Mitch Kapor and his wife from building a new home in the city lost their case which was heard in the Alameda County Superior Court early last month.

On Thursday, Judge Frank Roesch ruled against the Berkeley Hills Preservation (BHP) group whose attorney, Susan Brandt-Hawley, had argued that the city of Berkeley should not have given Kapor approval to build a 6,478 sq ft home on his property at 2707 Rose Street without first ordering an Environmental Impact Report, as legislated under the California Environmental Quality Act (CEQA).

Normally, the construction of single family homes does not require a CEQA report. BHP argued that an exception should be made in this case on the grounds of unusual circumstances, historial resources and cumulative impacts. In his December 30 ruling, Judge Roesch said that he had not found sufficient evidence that any of these exceptions applied.

“We are disappointed,” said BHP member Susan Nunes Fadley.

Brandt-Hawley said she will be convening with BHP to discuss whether they want to appeal the ruling. “It is something we are considering,” she said. The group has a 60-day window in which to lodge an appeal.

Mitch Kapor’s attorney, Amrit Kulkarni, said he his clients were pleased the judge had made the right decision. “We would like to bring this matter to a close. It has been a lengthy legal process that has inhibited my client from building his own home,” he said. Asked whether he expected the BHP group to appeal, he responded: “I would be surprised if they continued legal proceedings, but if they do we are prepared to fight.”

Mitch Kapor’s application to build a new house, designed by Berkeley architects Marcy Wong Donn Logan, on Rose Street was initially approved by Berkeley’s zoning board in January 2010.

By Tracey Taylor. | Permalink | 11 comments |
Post tags: 2707 Rose Street, Berkeley Hills Preservation, Marcy Wong Donn Logan, Mitch Kapor

Kapor Foundation supports diversity in science effort

Tracey Taylor — Wed, 13 Oct 2010 18:42:02 +0000

Mitch Kapor

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.

The Mitchell Kapor Foundation recently announced a five year renewable gift of $250,000 to UC Berkeley’s College of Letters and Science to support the launch of the Berkeley Science Network (BSN).

BSN’s stated aim is to strengthen the pipeline of students of color in the science disciplines where African Americans, Latinos, Native Americans and Pacific Islanders are most severely underrepresented in academia and industry – mathematics, physical science and computer science.

BSN is also establishing an additional connection between UC Berkeley and the Summer Math and Science Honors (SMASH) Academy, a program of the Level Playing Field Institute which was founded in 2001 by Kapor’s wife, Freada Kapor Klein, to promote innovative approaches to fairness in education and the workplace.

Meanwhile, Kapor’s application to construct a new home on his property at 2707 Rose Street is in the hands of the courts after a group of local residents, Berkeley Hillside Preservation, issued a suit asking that Berkeley City to conduct an environmental impact review on the property. The hearing is scheduled for December 2 at the Alameda Superior Court.

By Tracey Taylor. | Permalink | No comment |
Post tags: 2707 Rose Street, Berkeley Hills Preservation, Mitch Kapor

Will Mitch Kapor persevere to get his Berkeley home?

Tracey Taylor — Thu, 16 Sep 2010 14:20:07 +0000

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.

The city of Berkeley’s zoning department approved the application. A preparatory round of meetings undertaken by Kapor and his wife, Freada Klein, had secured the OK from the property’s immediate neighbors too. Plans for a striking dwelling had been drawn up by architects Wong Logan. All seemed good to go.

However a group of north Berkeley residents objected to the Kapors’ plans and made their voices heard, not least on this website. Berkeley’s decision was appealed but then rejected on review.

In May, a group of Berkeleyans brought a lawsuit against the city accusing it of failing to follow due process and conduct an environmental review of the property before reaching its initial decision.

This was a hot-button issue in our city. Berkeleyside published ten articles on the case and it generated a total of 210 comments — clearly a case of a community divided. Our story was picked up across the wires, including in the New York Times.

So what’s the latest? Well, the legal case is ongoing but, as City Attorney Zach Cowan tells us, that doesn’t mean there is much going on. Cowan says the record is being reviewed and he expects the case will be argued in January or February of 2011 — about one full year after the Kapors’ original application was approved . (One aspect worth noting: although the city is being sued, in these sorts of cases, it is the applicant, i.e. the Kapors, who foot the bill.)

So the question must be: will the Kapors keep up the fight? Just how much are they willing to do in order to have a home in our fair city?

By Tracey Taylor. | Permalink | 15 comments |
Post tags: 2707 Rose Street, Mitch Kapor

City of Berkeley sued over Mitch Kapor home

Tracey Taylor — Fri, 28 May 2010 13:00:46 +0000

The proposed home, by Marcy Wong Donn Logan Architects.

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 Quality Act (CEQA).

“This application was approved without following environmental laws,” says Susan Brandt-Hawley, the attorney representing the Hillside Preservation Group which, she says, is made up of Berkeley residents, some of whom live close to the Kapor site. Brandt-Hawley says the group is asking that the court issue a peremptory writ ordering the city to set aside its approval of the project pending compliance with CEQA.

At the heart of the petition is the issue of grading. The group cites expert evidence from geotechnical engineer Dr Lawrence B. Karp which states that a grading study is necessary to ascertain whether massive grading and foundations would be required to prevent seismic lurching of the hillside lot. An environmental review would also consider impacts relating to demolition, traffic and aesthetics.

The plan by Mitch Kapor, who is also an adjunct professor at UC Berkeley, to build a home for himself and his wife, Freada Klein, in north Berkeley has been dogged by controversy from the outset. This, despite the fact that many of the immediate neighbors of the proposed Rose Street site support Kapor’s proposal for a home there.

On April 27, Berkeley’s councilmembers voted to green-light construction of the home after rejecting an appeal against the January approval for the project by the city’s zoning board. The consensus was that the application was exempt from environmental review because it was for a single family home. The lawsuit points out that exemptions cannot be used when there is expert opinion that a proposal may have environmental impacts, and that the size of the proposed home — 10,000 sq ft when including a 10-car garage — means the project is not a typical low‐impact single‐family project.

In a prepared statement, Berkeley neighbor and co‐petitioner Susan Nunes Fadley said: “We worked arduously on our appeal to the City Council, focussing on issues of process and the unstudied impacts of this project. Now we look to the court to address them.”

Before this latest development, Kapor’s next step would have been to seek a demolition permit to take down the abandoned 1920s-era house at 2707 Rose Street. Should he decide to pursue this, Brandt-Hawley says the Hillside group will seek a court order to stop it.

Kapor’s attorney, Rena Rickles, said she was not in a position to comment.

Read all of Berkeleyside’s coverage of the Mitch Kapor home issue.

By Tracey Taylor. | Permalink | 55 comments |
Post tags: 2707 Rose Street, Mitch Kapor

Mitch Kapor’s Berkeley home: From white to gray

Tracey Taylor — Thu, 06 May 2010 14:26:14 +0000

Notice anything different? A new image of the architects‘ model for Mitch Kapor’s proposed home at 2707 Rose Street has emerged. Seems as though someone has had a change of heart on the exterior hue of the home.

By Tracey Taylor. | Permalink | 61 comments |
Post tags: 2707 Rose Street, Mitch Kapor

Welcome to Berkeley Mr Kapor: Appeal is voted down

Tracey Taylor — Wed, 28 Apr 2010 13:30:27 +0000

Software mogul Mitch Kapor can crack open the champagne. At last night’s City Council meeting Berkeley’s council members voted to reject the appeal on his approved application to the Zoning Application Board to build a new home in our city. His plan for a contemporary, 6,478 sq ft house at 2707 Rose Street now has the green light.

The item was passed 6 in favor, 2 against and one in absentia. Commenting on the long, divisive debate that preceded last night’s meeting — which has been extensively documented on Berkeleyside — council member Linda Maio said that in her 20 years of serving the city, it was the first time she had seen immediate neighbors be so supportive of a land-use application – while other neighbors, who lived further away, were being so vocal about the project’s detriments.

Council member Susan Wengraf, who said she lived within 800 feet of the proposed new home, said she hoped the wounds opened on the issue between warring neighbors would heal soon. “Delaying the motion would delay the healing,” she said. She also spoke about the “celebrity” factor, saying: “This application is not about the ‘who’ but the ‘what’.”

Council member Laurie Capitelli said as the proposed home was not on a ridge line, would not block views and would go unnoticed from many points nearby, so he was standing by the ZAB decision.

Opposing the motion, council member Kris Worthington cited the issue of absent story poles (discussed in our comments over the past few months) and a letter from the Landmark Preservation Commission which he felt should have been given more consideration. He said he believed there were several mistakes in the application. Council member Jesse Arreguin also voted against the motion saying he didn’t feel he had enough information to make a decision.

Several comments were made about the appealing aspect of District 6, the part of north Berkeley where Mitch Kapor, an adjunct professor at UC Berkeley, and his wife Freada Klein may soon live. Mayor Tom Bates said: “It must be one of the most beautiful places on the planet”, and cited “all the Phds” who lived there.

By Tracey Taylor. | Permalink | 70 comments |
Post tags: 2707 Rose Street, Mitch Kapor

Mitch Kapor’s Berkeley home: Countdown to appeal

Tracey Taylor — Mon, 26 Apr 2010 19:56:42 +0000

Item 17 on the agenda for tomorrow’s City Council Meeting is bound to draw crowds. It concerns the appeal to the zoning board’s approval for a new home to be built at 2707 Rose Street. The application was made in the name of Mitch Kapor and his wife Freada Klein.

You can read all about the application and the appeal in Berkeleyside’s extensive coverage of the issue here.

Seventy-three people have submitted communications in relation to the appeal, making for a 320-page document on this item when taken together with the original application literature and the materials supporting the appeal.

Opinion in the Rose Street neighborhood is divided over both the proposed home and the process which led to the zoning board’s approval. And, in the lead-up to tomorrow’s meeting, some parties have switched sides. Cliff Magnes, for instance, who has been making observations on the issue regularly in Berkeleyside’s comments section, writes today:

“… During all of this discussion, I have tried to keep an open mind, and to respect the opinions of others. I now see that the proponents of this project have a lot of good points. I have come to the conclusion, finally, that contrary to my earlier stands, this project may not be so bad for the neighborhood. In fact, if the City Council approves the ZAB’s decision tomorrow night, the project can move forward, and this seemingly endless discussion can cease. … I realize now how divisive filing this appeal has been, and I am truly sorry for my part in it. I would like to wholeheartedly throw my support behind Mitch Kapor’s house, and I apologize for any bad feelings I have caused.”

Needless to say, we will be keeping you posted on developments.

Update Thank you, commenter “not-Cliff Magnes”, who just pointed out to us that the earlier change of heart was by someone pretending to be Cliff Magnes. The hoaxer is at IP address 70.239.192.203 and we will try to screen her/his comments in future. One of the nicest things about Berkeleyside, from our point of view, has been the generally constructive and civil tone of commenters, whichever side of an issue they happen to be on. Clearly, we can’t count on that in every case and we need to be more vigilant. We apologize to the real Cliff Magnes for not spotting the hoax earlier.

By Tracey Taylor. | Permalink | One comment |
Post tags: 2707 Rose Street, Berkeley City planning, Mitch Kapor