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THE CITY OF - ~~. , j~L~£~S~4NTONo CITY COUNCIL AGENDA REPORT January 15, 2008 Planning and Community Development TITLE: PAP-115 (PAUP-4), JENNIFER HOSTERMAN - CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR AN ANIMAL USE PERMIT TO ALLOW ARED- TAILED HAWK TO BE KEPT IN AN ENCLOSED AREA IN THE BACKYARD OF AN EXISTING RESIDENCE LOCATED AT 2922 CHARDONNAY DRIVE PROPERTY OWNER: Jennifer Hosterman GENERAL PLAN: Medium Density Residential - 2 to 8 Dwelling Units Per Gross Acre ZONING: PUD-MDR -Planned Unit Development-Medium Density Residential District SUMMARY At issue is whether an animal use permit application to keep ared-tail hawk in the rear yard of the applicant's home should be approved. This application is the first received by the City requesting approval for a use permit to keep a hawk in a residential area. Issues raised in regard to keeping a hawk in a residential neighborhood include the classification of a hawk as a fowl, where the hawk is released, and the safety of children and pets. City staff has evaluated the Pleasanton Municipal Code in terms of the use classification for a hawk and believes that "fowl" includes hawks, that the keeping of fowl in a residential district is a conditional use, and that an animal use permit is the appropriate entitlement for hawks. Staff concluded that the use permit findings can be made and notes that the applicant's hawk facility was inspected by the Department of Fish and Game in October 2005 and meets federal and State requirements. Furthermore, staff found that there are no safety issues with the hawk as long as it is kept in accordance with agency requirements. The Planning Commission denied the use permit, and the applicant has appealed the decision to the City Council. PLANNING COMMISSION ACTION On December 12, 2007, the Planning Commission denied the use permit (3-2) because it disagreed with staff's interpretation that "fowl" includes hawks and, therefore, was unable to make the use permit findings for approval.