18 ATTACHMENT 05 - Laserfiche WebLink

BACKGROUND In December 2005, through federal and state licensing, the applicant legally captured a wounded red-tailed hawk from the wild, which belongs to the category of birds known as raptors. The applicant wishes to maintain the hawk for falconry purposes and therefore has 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. This application is the first received by the City requesting approval for a use permit to maintain a raptor in a residential area. The art of falconry is growing within the Tri- valley area as well as other Bay Area communities. Other communities have passed amendments to their codes which accommodate this sport; e.g. to allow the keeping of a raptor within residential areas that meet the federal and state standards. This art of falconry is an ancient sport where raptors have been made partners to people for the purposes of hunting. Birds would be trained to respond to the falconer, to kill prey and bring it back to the falconer. The birds learn to respect the falconer, and yet are fully able to return to the wild and continue successfully independent of that human relationship. This sport also provides the opportunity to save many young that are either harmed by predators, disease, abandonment of its parents, or at risk from uninformed people. These injured birds are often taken and recover, becoming a trained bird which the falconer teaches to hunt which ultimately allows the successful re-entry because it can hunt. The raptors are under the protection of the federal and state agencies that closely monitor and license any birds that are taken. Licenses must be renewed annually with inspections of the housing, care, feeding, weight, and history of any bird covered by the current laws. This application is being considered as a request for an animal use permit as described in both Title 7 and 18 of the Pleasanton Municipal Code. City staff has evaluated the Code in terms of the definition of fowl and have found that a Code amendment is not required and that the proposed entitlement is the appropriate process which requires consideration and action by the Planning Commission. Staff believes that the proposed use is consistent with the use permit conditions such that the findings can be made, that the facilities meet the federal and state requirements, that the site has been inspected by those agencies, and therefore support the request to keep ared-tailed hawk at the applicant's residence. PAUP-4, Jennifer Hosterman /Hawk Planning Commission Page 2 of 15