Exhibit A for Ordinance 6081

Sec. 26-88-210. Small-Scale Agricultural Processing Facility

(A) Purpose. This section establishes performance standards for small-scale agricultural processing facilities to support agricultural production and facilitate start up operations, while ensuring neighborhood compatibility and minimizing potential for environmental impacts. Where allowed by the base zone, a small-scale agricultural processing facility may be permitted with a zoning permit when documentation is provided that all of the performance standards set forth in subsection (C) are met.

(B) Applicability. Small-scale agricultural processing facilities shall be permitted in the agricultural and resource zones: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture) and RRD (Resource and Rural Development). Small-scale agricultural processing does not include processing operations that produce alcoholic or cannabis products or involve animal slaughter and/or meat cutting and packing. Small-scale agricultural processing does not include cottage food operations which are defined separately and are an allowed use within a primary residence. Agricultural processing operations or facilities not meeting the following performance standards may still be permitted where allowed by the base zone, subject to issuance of a use permit.

(C) Performance Standards. Small-scale agricultural processing facilities shall comply with the following standards in addition to the requirements of the base zone and other applicable combining zones.

1. Minimum Parcel Size/ Maximum Size Thresholds. Small-scale agricultural processing facilities up to 3,000 square feet must be located on a parcel of at least two (2) acres in size; and up to 5,000 square feet on parcels five (5) acres or greater.
2. Number of Facilities. No more than one (1) small-scale agricultural processing facility may be approved per contiguous ownership. Multiple facilities may be considered with a Use Permit.
3. Sensitive Environmental Resource Areas. A biotic study prepared by a qualified professional shall demonstrate that sensitive environmental resource areas are avoided. The study may be waived by the Director if the facility is located in a previously developed area.
4. Square Footage Limitations. All small-scale agricultural processing activities shall be conducted inside a building or in covered outdoor areas. The total combined square footage of all such facilities, including buildings and areas where agricultural products are processed, aged, stored, packaged, and areas were equipment is stored and washed, shall not exceed the maximum size thresholds unless a Use Permit is obtained.
5. Building Permit. Agricultural processing facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.
6. Processing Commodities. At least seventy percent (70 %) of the agricultural commodities used in the processing must be grown on­ site or on lands owned or leased by the operator in the County.
7. Customer and Site Visitor Management.    Educational tours are allowed subject to building code and accessibility requirements.
8. Compliance with County, other Agency, and Statutory Requirements. The operator shall comply with all applicable building, plumbing, electrical, fire and hazardous material codes set forth in the County Code. The operator shall also comply with all laws and regulations applicable to the type of processing facility proposed and obtain and or comply with all permit, license, approval, inspection, reporting and operational requirement required by other local State and Federal regulatory agencies having jurisdiction over the type processing operations proposed, and shall provide copies or other agency verification to Permit and Resource Management Department to serve as verification for such compliance.
9. Water System. Any water supply well used for agricultural processing facilities shall conform to the applicable requirements of Chapter 25b Water Wells of the County Code. The system must meet any performance or construction standards stipulated in the operational permits and well construction permit.
10. Water Supply - Quality. The water supply used by the agricultural processing facility shall comply with all applicable water quality standards and monitoring requirements as required by the applicable regulatory permitting agencies. Operators shall be responsible for submitting verification of compliance from the appropriate agency.
11. Water Supply - Quantity. For purposes of this section, the onsite water supply shall be considered adequate if:
1. The proposed processing facility would not result in a net increase in water use on site; or
2. The water source is in Groundwater Availability Zones 1 or 2 and is not within a groundwater basin which has an adopted groundwater management plan; or
3. The water source is in Groundwater Availability Zone 3 or is within a groundwater basin covered by an adopted groundwater management plan, and a qualified professional prepares a hydrogeologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet existing and proposed uses on the site on a sustained basis, and the operation of the agricultural processing facility will not: 1) exacerbate an overdraft condition in a groundwater basin; 2) result in reduction of critical flow in nearby streams; or 3) result in well interference at offsite wells.
12. Groundwater Monitoring: Water wells used for agricultural processing facilities shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be calibrated at least once every five years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the Permit and Resource Management Department, Project Review Division by January 31 of each year. The annual report shall show a cumulative hydrograph of static water levels and the total quarterly quantities of water pumped from well(s) used in processing.
13. Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted for review and approval by the Director. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards.
    Where waste discharge is within the jurisdiction of a Regional Water Quality Control Board, the owner or operator shall provide the Director with documentation of Waste Discharge Requirements, or waiver thereof, and shall comply with applicable discharge and monitoring conditions.
14. Septic Systems. The owner shall maintain a properly functioning septic system which complies with sewage disposal regulations set forth in Chapter 24 of the County Code. The nature and quantity of the waste discharged shall not exceed the design capacity of the septic system and any existing restrictions unless a new code­ conforming replacement septic system is built. Septic systems built before 1975 need additional testing in order to determine the design capacity of the system. Proper functioning and design capacity of the septic system shall be verified by a registered Civil Engineer or registered Environmental Health Specialist.
15. Hours or Operation. Indoor processing activities may be conducted seven days a week, 24-hours per day as needed. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8 am to 5 pm, except during seasonal harvest when the hours may be extended for limited periods.
16. Noise Limits. Noise generation shall not exceed the General Plan noise standards
17. Signage. The small-scale agricultural processing facility shall be limited to one non-illuminated sign not exceeding sixteen (16) square feet.
18. Lighting. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.
19. Setbacks. In addition to structural setbacks of the base zone, agricultural processing facilities shall be set back a minimum of sixty feet (60') from watering troughs, feed troughs, and buildings, pens or similar quarters where livestock or poultry congregate or are confined. Outdoor loading and activity areas must be located at least 200 feet from the outdoor activity area of any dwelling unit on an adjacent property.