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In March 2007, the Thai Temple filed a permit request to build a Shrine to properly place a Buddhist images. The permit process was moving until a group of neighbors (~19 signatures) signed a petition to stop the building of the Shrine sent in April 12, 2008.

2008-04-24-zab-attachment-4.pdf

The original petition requested the following changes:

  • Redesign the project to place parking and access along MLK
  • Use of permeable surfaces for all parking areas
  • No administrative approval of additional height beyond the 28′ permitted
  • Neighborhood meeting to discuss redesign
  • Limit hours of operation during weekend

In April of 2008, a public hearing was brought to the Zoning Adjustment Board of Berkeley, where the petitioners took the opportunity to express their thoughts about Temple expansion. After public testimony, the petitioners did not really have a problem with the Shrine but issues concerning Sunday Brunch, which has been ongoing over the years.

The temple agreed to 4 of 5 of the original requests with the exception of the height of the Shrine due to the Religious reasons. Several churches have steeple’s above 28′, and because this is a religious structure should follow religious exemptions. The original permit request includes such language.

2008-04-24-zab-attachment-1.pdf

In June 2008 after the April hearing and concessions were made resolving some of the problems of trash, parking, noise, and odor were brought to the attention of the Thai Temple. Through repetitive and consistent use of comparing the Thai Temple to a ‘large scale commercial restaurant’, a postponement to the permit request was made while these allegations were looked into. The term used by the petitioners painted a misleading picture to the Zoning Adjustment Board and has been the focal point of the entire hearing.

The Temple was even compared to McDonald’s during public testimony. How many people would sign a petition to save a McDonald’s in your neighborhood? The comparison to a large scale commercial restaurant is grossly thrown out of proportion. Only one monk is offered health insurance and there is no wage for the work they do. In fact, since the reduction to three hours the Temple has incurred significant hardship.

After the Health Department survey’d Sunday Brunch and offered preliminary approval, the petitioners continued to investigate the Thai Temple’s use permit which was uncovered during a mediation meeting. During the next hearing, the petitioners began to question the use permit that was issued to the Thai Temple in 1993. The case against the use permit was correct and a modification request was made to modify the existing to suite the changing times from 1993 to 2008 on August 25th, 2008.

History-and-description-of-activities.pdf

September 25th, 2008 after modification to the permits were made arguments reguarding the height for such a building resurfaced. The argument of CEQA – noise, traffic, and saftey studies should be conducted in the area. Traffic is unavoidable considering there is an active flea market on Ashby over the weekend, Grove Park on Martin Luther King, and Berkeley Bowl Produce on Shattuck. The combined activities over the weekend draws people out to the neighborhood and amplifies the problem Oregon St. residences complain about. People come out on Sunday all the time, this problem is not limited to the Thai Temple. The neighbors argue that the Temple is a detriment to the neighborhood because Sunday’s are busy but because the Berkeley community is an active group with local access to groceries, lunch, a pub rec park, cheap shopping, and a Thai Temple. People come to this area to play, eat, shop, and enrich their lives in a simple way. The entire area is full of life on the weekend and the Thai Temple is asking to build a shrine so anyone can come and take a moment to reflect.

Starting on Page 2 petitioners rationale for closure:

2008-25-08-1911-Russell-ATT-4-Correspondence.pdf

On September 27th, one of the petioners walked into the Thai Temple and proceeded to ask what the purpose of the volunteers and Buddhists were on Saturday; ‘Are you here to buy food? You can only buy food on Sunday’s’ and proceeded to take pictures inside and around the Temple. The monks and onsite volunteers, due to their lack of English skills, did not attempt to stop the petitioner. The petitioner went so far as to call the police on the Thai Temple regarding the incident.

FYI: Therevada Buddhists Monaists/Monks are not allowed to cook for themselves, relying on the community and volunteers for food. The petitioner ignorantly determined any food made on Temple grounds is for sale and not for Religious reasons. After the incident, volunteers and Monks were informed of their basic rights and the posting of ‘Private’ and “No Trespassing” signs throughout the area.

Since then, the Temple was issued a Temporary Permit by Berkeley until the next hearing and will continue Sunday Activities until November 13th, 2008 where we hope this matter will finally be settled.

Starting on page 3: Therevada Buddhism in Berkeley

History-and-description-of-activities.pdf