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RECOMMENDATION Staff recommends that the City Council: (1) make the use permit findings as stated in the attached Planning Commission staff report, and (2) adopt the attached draft resolution upholding the appeal, thus approving the use permit (PAUP-4), subject to the conditions of approval as shown in Attachment 1, Exhibit B. FINANCIAL STATEMENT The use is not a part of a development plan; therefore no fiscal impact is anticipated. BACKGROUND In December 2005, through federal and State licensing, the applicant legally captured a wounded red-tailed hawk from the wild. Hawks belong in a category of birds known as raptors. The applicant wishes to maintain the hawk for falconry purposes and, therefore, submitted an animal use permit application in order to keep the red-tailed hawk in a State approved enclosure, known as a "mew," located in the rear yard area of her property. Pursuant to the animal use permit process, staff evaluated the applicant's request and scheduled the application for the December 12, 2007 Planning Commission hearing. In response to the Planning Commission public hearing notice, some residents expressed opposition and some expressed support regarding the hawk. Correspondence written prior to and since the Planning Commission hearing can be found in Attachment 12. Project Description The applicant is requesting an animal use permit to retain her existing red-tailed hawk. The approval of the animal use permit would allow one hawk to be kept in the rear yard of the property. The site plan below shows the location of the mew where the hawk is kept. SI'E PLM.I 'tp'~R ~ Ft~~ FlEV940N_ _ _ L-- Il'( ~1(jIMn1KNa6E) ~~i I I ~ j ~~~, i i f ~ `~__._ ,LV. . 1 WAP 6~.Ew~rnN y~ ~_ ._____, c_.. _ _ _~~~~ vyr" ~__._ _. _..ab ----~ 4,' I -ti` ~~ a ~ ~~ ~ , ~w--y Page 2 of 7