18 ATTACHMENT 07 - Laserfiche WebLink

Page 1 of 3 Natalie Amos From: Julie Hangman Sent: Tuesday, November 13, 2007 9:42 AM To: Cc: Natalie Amos; Donna Decker; Michael Roush Subject: Conditional Use Permit Application for Hawk Dan, City staff and I appreciate you taking the time to forvvard your research into State laws and potential safety issues related to hawks. We also appreciate you sending your questions in advance of the public hearing so that we can research your issues and provide additional information to you, the Planning Commission, and the applicant so that an informed decision can be made at the public hearing. Rather than restating each of your questions, I have numbered your questions (below) 1-4. Here are my responses: 1) I reviewed the code sections that you cited from the California Food and Agriculture Code. In various sections related to poultry meat and other meat, the State defines "fowl" to include chickens, turkeys, ducks, geese, and other domesticated species. Not surprisingly, the provisions governing poultry meat do not mention hawks, as hawks are not anticipated to be bred for human consumption. The Pleasanton Municipal Code (PMC) zoning regulations do not cite State law or otherwise adopt the definitions set forth in the Food and Agriculture Code. Rather, the PMC zoning regulations regulate land use and simply state that rabbits or fowl are allowed in the R-1 district upon granting of a conditional use permit. (PMC 18.32.040) Because the PMC does not provide a definition for fowl, staff looked to Webster's Dictionary to determine if a hawk would or would not fall under the definition of fowl. Webster's defines fowl as "a bird of any kind". Accordingly, staff has recommended to the Commission that a hawk may be kept in an, R-1 district if a conditional use permit is granted. 2) As explained above, a conditional use permit is required for persons who want to keep a hawk in the R-1 zone. While the applicant's property is located within a PUD, the PUD is silent as to the keeping of fowl. Therefore, staff looks to the zoning regulations for the R-1 district to determine whether a hawk would be permitted (as of right, by conditional use permit, or not at all.) 3) Staff has placed conditions on the applicant that it believes will address potential safety issues. By way of example, one of the conditions states that the applicant "shall ensure that the keeping and/or maintenance of the hawk is done in such manner as to cause no damage or hazard to persons or property in the vicinity..." Another condition states that "the hawk shall not be set loose within the neighborhood, residential and/or commercial areas." Of course, the Planning Commission can place additional conditions on the applicant if the Commission feels that there are other steps that could be taken to address health and safety concerns. 4) Conditional use permits do run with the land, i.e., remain in existence even after ownership changes. (PMC section 18.124.150) Thus, assuming a subsequent purchaser of this property wanted to keep a hawk on the premises, the subsequent purchaser would have to comply with the conditions.of approval already in place. This would include obtaining and maintaining the applicable State and Federal licenses for keeping a hawk as well as all of the other conditions. With regards to your question about real estate disclosures, property owners (with the advice of their real estate agents) are responsible for determining what is material to the real estate transaction and what items must be disclosed. The City does not dictate what types of disclosures must be made in these types of cases. For example, the City would not regulate whether a seller advises potential purchasers of a particular use at a nearby residence (e.g., a neighbor who has a home occupation permit, runs a day care, etc.) Again, these types of disclosure decisions are for the seller to make with the advice of their real estate agent. In contrast, the City does occasionally place disclosure requirements (i.e., a recorded document placed 12/11/2007