Full Text of the Malan Initiative

Forest and Water Protection Ordinance of 2002

The people of the County of Napa do ordain as follows:

Section 1. Title.

This Ordinance shall be known and may be cited as the "Forest and Water Protection Ordinance of 2002," (hereinafter "Ordinance").

Section 2. Findings and Declarations.

The people of the County of Napa find and declare all of the following:

(a) Timber harvesting near streams and wetlands and on steep or unstable slopes affects the health, safety and welfare of the citizens of this County by degrading the quality of the natural environment. Timber harvesting in these locations alters hydrologic flows, destabilizes the hydro-geologic equilibrium of stream channels, causes or exacerbates downstream flooding, adversely affects existing residential and agricultural water supplies, pollutes streams, lakes, and estuaries, and reduces or displaces populations of rare and endangered species of fish and wildlife.

(b) Timber harvesting near residences interferes with the quiet enjoyment of property of many of the County's residents due to noise, dust, fumes, and smoke associated with timber operations. Timber harvesting also threatens the safety of persons and property due to its potential to increase the risk and intensity of forest fires and due to the use of public roads by logging vehicles.

(c) The state government's exclusive regulation of timber harvesting on timberlands zoned for timber production pursuant to Public Resources Code Section 45 11 et seq. and Government Code Section 51 110 et seq. and the state government's exclusive regulation of the methods by which timber is harvested on timberlands for commercial purposes have prevented the people of the County of Napa from exercising, through their elected county and city governments, their general police powers to protect the health, safety and welfare of the public.

Section 3. Purpose and Intent.

The people of the County of Napa hereby declare their purpose and intent in enacting the measure to be as follows. In enacting this ordinance, it is the purpose and intent of the people of the County of Napa to use their zoning authority to protect the water quality, biological productivity and environmental value of its streams, watersheds, wetlands and forests and the public health, safety and welfare of its citizens, by designating the locations on timberlands in the County that are not zoned for timber production pursuant to Government Code Section 51113 where timber operations are prohibited. It is not the purpose and intent of the citizens of Napa County to regulate the manner by which timber is harvested on any timberlands in the County, or to limit the locations in which timber operations may occur on timberlands zoned for timber production pursuant to Government Code section 51110 et seq.

Section 4. Chapter 16.09, commencing with section 16.09.010, is hereby added to Title 16 of the Napa County Ordinance Code, to read:

Chapter 16.09

Section 16.09.010. Locations Where Timber Operations Are Prohibited. No person may conduct timber operations on any timberlands in the County of Napa that are not zoned for timber production pursuant to Government Code Section 51113 in any of the following locations:

(a) Within three hundred twenty five (325) feet, measured horizontally, of the centerline of any Class I or Class II stream.

(b) Within one hundred seventy five (175) feet, measured horizontally, of the centerline of any Class III stream.

(c) Within fifty (50) feet, measured horizontally, of the centerline of any Class IV stream.

(d) Within one thousand (1000) feet of any wetland, measured horizontally, from the point at which the area no longer meets the definition of wetland.

(e) Within seventy five (75) feet, measured horizontally, of any seep or spring.

(f) Within one thousand (1000) feet, measured horizontally, of any structure legally used as a residence that is located on property that is not owned by the owner of the timber or timberland to be harvested.

Section 16.09.020. Exemptions. Notwithstanding section 16.09.010, this chapter shall not prohibit timber operations in the following locations provided the specified conditions are met at the time the timber operations occur:

(a)  Within one hundred fifty (150) feet from any point of an approved and legally permitted structure that complies with the California Building Code in existence on the effective date of this Ordinance.

(b)  Within one hundred fifty (150) feet from any structure proposed for residential use for which the owner has obtained all legally required permits.

(c)  Within twenty five (25) feet of any septic system in existence on the effective date of this Ordinance or proposed septic system for which the owner has obtained all legally required permits.

(d)  Within ten (10) feet of the centerline of any driveway that serves a structure or proposed structure described in subsection (a) or (b) of this section.

(e)  Within a recorded utility right of way.

(f)   On land owned by any public agency.

Section 16.09.030.   Definitions. For purposes of this chapter, the following terms have the following meanings:

(a) "Person" means any individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, joint venture, or association, or any other entity.

(b) "Seep" or "spring" means an area, excluding the bed of a watercourse but including the head of a watercourse, where water naturally flows or rises to the surface during much or all of the year, and at which water remains at least within a few feet of the surface throughout the year.

(c)  "Stream" means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including but not limited to, natural watercourses as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published. Streams also includes manmade watercourses.

(d) "Class I stream" means a perennial watercourse that serves as a domestic water supply, or where fish are always or seasonally present and that provides habitat to sustain fish migration or spawning.

(e) "Class II stream" means a perennial or intermittent watercourse with fish always or seasonally present or that provides habitat for non-fish aquatic species, including invertebrates.

(f)"Class III stream" means an intermittent or ephemeral watercourse showing evidence of a defined bed and banks, annual scour and capacity to transport sediment to a Class I or Class II stream.

(g"Class IV stream" means a completely man-made watercourse such as a ditch, channel, canal, or culvert.

(h) "Timberland" means land which is growing or capable of growing a crop of trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of lumber or other forest products.

(i)  "Timber operations" means the cutting or removal, or both, of timber or other forest products of any tree species, including but not limited to firewood, from timberlands for commercial purposes; it includes work preparatory to cutting, and all cleanup, restoration and reforestation activities following completion of cutting operations; it includes work ancillary to removal, such as road and skid trail construction. "Commercial purposes" includes (1) the cutting or removal of trees of any species which are processed into logs, lumber, fiber, firewood or other wood products and offered for sale, barter, exchange, or trade, or (2) the cutting or removal of trees of any species or other forest products during the conversion of timberlands to land uses other than the growing of timber, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, water development projects, and transportation projects. Removal or harvest by the property owner of any dead tree that died of natural causes, or of any diseased tree, or of incidental vegetation from timberlands, such as berries, ferns, greenery, mistletoe, herbs, shrubs and poison oak does not constitute timber operations.

(j)  "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Section 16.09.040 Enforcement.

(a)  Any person who engages in timber operations or conspires with another to engage in timber operations in violation of Section 16.09.010 is guilty of a misdemeanor.

(b)   Any violation of Section 16.09.010 is a civil violation. In addition to all other legal remedies available, the County or any interested resident of the County may bring an action in any court of competent jurisdiction to enjoin the violation or threatened violation of Section 16.09.010 or for the recovery of civil penalties as set forth in subsection (c) of this section.

(c)  Any person who violates Section 16.09.010 shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each violation.

(d)  All civil penalties collected pursuant to this section shall be deposited into a fund to be established by the Napa County Board of Supervisors and used for the preservation, protection and restoration of streams, wetlands and other water sources in Napa County.

Section 5. General Plan Amendment. The Land Use Element, Land Use Planning for the Year 2000, Land Use Issues and Land Use Policies, Agricultural Policies, 3.15 (set forth in section 3.C(3) on pages 2-22 through 2-24) of the Napa County General Plan is amended to read as follows (text with a line through it is to be deleted from the General Plan; underlined text is to be added to the General Plan):

3)        AGRICULTURAL ISSUES

In 1981, agriculture was one of the major contributors to the economy in Napa County, with a total value of all agricultural products of $75 million. In addition to 2800 persons employed directly in agriculture in 1981, there were many more employed, indirectly, in wineries and support services related to agriculture and "wine country" tourism. Moreover, all residents benefit from taxes paid on agricultural lands, which require few public services. With 0.5% of California's land area, Napa County produced 0.6% of California's agricultural gross income in 1981. Wine grapes and grapevine nursery stock contributed 80% and beef, milk and egg production contributed 13% of the County total. The remaining 7% was attributed to other crops and animal products. Viticulture became the preeminent agricultural activity in Napa County during the 1970s; but historically and currently there is more to local agriculture than viticulture.

In the 1970s, the largest increase in crop value was in wine grapes, due to increased value per ton and greater acreages in grapes. While some growers are concerned about the impact of the additional acreage planted with grapes which are not yet in production, most feel that Napa Valley's unique soils and micro-climate will continue to bring premium prices for Napa Valley varietal grapes. Although other areas can produce wine, it is difficult to equal the combination of quality grapes and vintners' art which has created a world-wide reputation for the excellence of Napa Valley varietal wines. As the growers' technology improves, grapes are being planted in Carneros; Congress, Pope, Chiles and Capell Valley, Coombsville and various hillsides which were previously considered impractical for viticulture. The 1980s should see extensive planting on terraced hillsides surrounding Napa Valley, calling for prudent soil management practices.

The Napa Valley and surrounding area is an irreplaceable viticultural resource; the characteristics of climate, soils and hydrology that make it one of the finest grape growing regions in the world would be impossible to duplicate if one or more of these characteristics were impaired or destroyed by urbanization. The impacts of urbanization are, for all practical purposes, irreversible. Productive farmland and urbanization are not compatible.

Napa County has long been aware of its unique agricultural resource. In 1968, increasing urbanization pressures, an awareness of the County's agricultural potential and a concern for the future of that agriculture led citizens' groups, growers and vintners, the County Planning Commission and the Board of Supervisors to establish one of the first Agricultural Preserves in the nation. Public support for the Agricultural Preserve and the size of the Preserve itself has increased since that time. The Napa Valley Agricultural preserve now contains over 29,000 acres; the Wooden Valley Agricultural Preserve now contains 2,200 acres.

AGRICULTURAL POLICIES

3.1    AGRICULTURE-ECONOMIC ROLE - The County will enact and enforce regulations which will retain agriculture as a major source of income and employment in Napa County .

3.2    AGRICULTURAL PRESERVE - The County will initiate studies to evaluate means, methods, advantages and disadvantages of placing the existing agricultural preserve plus potential agricultural acreage under permanent land use protective controls. The County will develop additional types of Agricultural Preserves suitable for localized conditions in such places as Carneros, Coombsville and Congress, Foss, Gordon, Capell, Chiles and Pope Valleys; and hillside viticultural areas.

3.3      AGRICULTURAL SUPPORT SYSTEM - The County will develop a coordinated plan to promote an agricultural support system including physical components (such as farm labor housing, equipment supply and repair) and institutional components (such as 4-H, FFA, agricultural education and experimentation).

3.4    AGRICULTURAL TAXATION - The County will initiate studies of tax assessment policies which recognize the long term intent of agricultural zoning and the fact that agricultural land uses require a minimum of public expenditure for protection and servicing.

3.5     AGRICULTURAL - Urban Relationships - The County will develop planning concepts and zoning standards designed to minimize conflicts arising from encroachment of urban uses into agricultural areas. Land in proximity to existing urban areas currently in mixed agricultural and rural residential uses will be treated as Residential Country Areas and further parcelization of these areas will be discouraged. Day care centers will be allowed in agricultural areas where there is a finding there is and will be no conflict with agricultural use of the vicinity.

3.6   AGRICULTURAL ZONING - The County will establish minimum agricultural parcel sizes which reflect the availability of natural resources, in order to assure that agricultural areas can be maintained as economic units.

3.7      FARM LABOR HOUSING - The County will develop standards in the General Plan and Zoning Ordinance to allow agriculturalists to construct farm labor housing appropriate for the support of long-term agriculture in Napa County. Permanent or seasonal farm labor housing may only be provided where there is a need for full-time farm employment by at least one employee who would be a resident of the unit on the site. This need must be demonstrated to exist on the site of the farm labor housing, and/or on neighboring lands owned or controlled by the applicant, and/or on lands in the vicinity of the residential unit under the ownership or control of the applicant for which agricultural employees require housing.

3.7   (a) SEASONAL FARM LABOR HOUSING - Seasonal farm labor housing may be provided in agricultural areas without regard to the location of farm employment when the housing is under public agency ownership or control.

3.8    GRAZING LANDS - The County will protect agricultural lands used for grazing, even through they may not be considered prime soils; excepting those lands south of Soscol Ridge which are shown in Figure 14 as planned for urban development.

3.9   HILLSIDE AGRICULTURE - The County, working in conjunction with the Soil Conservation Service, will monitor hillside agricultural operations, and in conjunction with the Soil Conservation Service, establish standards for terracing, contour planting, and maintenance of permanent cover crops on slopes exceeding 15%.

3.10    PRIME AGRICULTURAL LANDS - The County will reserve prime agricultural lands for agricultural use.

3.11   PROCESSING OF AGRICULTURAL PRODUCTS - Agriculture includes the production and processing of food and fiber, the growing of crops, produce and feed as well as the raising of livestock and animals. In the case of wineries, processing includes tours and tasting, retail sales of wine produced by or for the winery partially or totally from Napa County grapes, activities for the education and development of consumers and members of the wine trade with respect to wine produced by or at the winery, and limited non-commercial food service, provided any such activities are clearly accessory to the principal use of the facility as an agricultural processing facility. No other use or development of a parcel located in an agricultural area shall be permitted unless it is needed for the agricultural use of the parcel, except as provided in Policies 3.7 and 3.7(a) above. The processing of agricultural products often takes on an industrial character which will be subject, in general, to the same kinds of regulations as other industrial uses.

3.12    RIGHT-TO-FARM - The County will affirm and protect the right of agriculture operators in designated agricultural areas to continue their agricultural practices, even though established urban uses in the general area may foster complaints against those agricultural practices. The existence of a "Right-To-Farm" policy will be indicated on all parcel maps approved for locations in or adjacent to designated agricultural areas.

3.13   WINERY LOCATION AND DESIGN - Wineries and related activities will, where practical, be located on sites off of prime soils areas and should be designed to convey the attractiveness associated with existing Napa Valley wineries.

3.14  WATER SUPPLY - The County will initiate studies to develop a comprehensive understanding of the potentials and deficiencies of surface and underground water supplies in Napa County.

3.15   FORESTRY - The County will encourage active forest management practices including timely harvesting to preserve existing forests consistent with the need to protect water sources and water quality: the beneficial uses of water, including populations and habitat of fish and other aquatic species; riparian vegetation and wildlife habitat; wetlands; and the quiet enjoyment and safety of residential property by excluding timber operations from locations in the County where harvesting has the potential to damage these values. The County will encourage timber plantations for fuel wood production.

Policies for Protecting Forest and Water Sources

3.15.1. Locations Where Timber Operations Are Prohibited. No person may conduct timber operations on any timberlands in the County of Napa that/are not zoned for timber production pursuant to Government Code Section 51113 in any of the following locations:

(a) Within three hundred twenty five (325) feet, measured horizontally, of the centerline of any Class I or Class II stream.

(b) Within one hundred seventy five (175) feet, measured horizontally, of the centerline of any Class HI stream.

(c) Within fifty (50) feet, measured horizontally, of the centerline of any Class IV stream.

(d) Within one thousand (1000) feet of any wetland, measured horizontally, from the point at which the area no longer meets the definition of wetland.

(e) Within seventy five (75) feet, measured horizontally, of anv seep or spring.

(f) Within one thousand (1000) feet, measured horizontally, of anv structure legally used as a residence that is located on property that is not owned by the owner of the timber or timberland to be harvested.

3.15.2. Policy 3.15.1 shall not prohibit timber operations in the following locations provided the specified conditions are met at the time the timber operations occur:

(a) Within one hundred fifty (150) feet from anv point of an approved and legally permitted structure that complies with the California Building Code in existence on the effective date of this General Plan Amendment.(b) Within one hundred fifty (150) feet from any structure proposed for residential use for which the owner has obtained all legally required permits.

(c) Within twenty five (25) feet of any septic system in existence on the effective date of this General Plan amendment or proposed septic system for which the owner has obtained all legally required permits.

(d) Within ten (10) feet of the centerline of any driveway that serves a structure or proposed structure described in subsection (a) or (b) of this section.

(e) Within a recorded utility right of way.

(f) On land owned by any public agency.

3.15.3. For purposes of Policies 3.15.1 and 3.15.2, the following terms have the following meanings:

(a) "Person" means any individual, trust, firm, joint stock company, corporation, company, partnership, limited liability company, joint venture, or association, or any other entity,

(b) "Seep" or "spring" means an area, excluding the bed of a watercourse but including the head of a watercourse, where water naturally flows or rises to the surface during much or all of the year, and at which water remains at least within a few feet of the surface throughout the year.

(c) "Stream" means any well-defined channel with distinguishable bed and bank showing evidence of having contained flowing water indicated by deposit of rock, sand, gravel, or soil, including but not limited to, natural watercourses as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published. Streams also includes manmade watercourses.

(d) "Class I stream" means a perennial watercourse that serves as a domestic water supply, or where fish are always or seasonally present and that provides habitat to sustain fish migration or spawning.

(e) "Class II stream" means a perennial or intermittent watercourse with fish always or seasonally present or that provides habitat for non-fish aquatic species, including invertebrates.

(f) "Class III stream" means an intermittent or ephemeral watercourse showing evidence of a defined bed and banks, annual scour and capacity to transport sediment to a Class I or Class II stream.

(g) "Class IV stream" means a completely man-made watercourse such as a ditch, channel, canal, or culvert.

(h) "Timberland" means land which is growing or capable of growing a crop of trees of any species which are of sufficient size and quality to be capable of furnishing raw material used in the manufacture of lumber or other forest products.

 (i) "Timber operations" means the cutting or removal, or both, of timber or other forest products of any tree species, including but not limited to firewood, from timberlands for commercial purposes: it includes work preparatory to cutting, and all cleanup, restoration and reforestation activities following completion of cutting operations: it includes work ancillary to removal, such as road and skid trail construction. "Commercial purposes" includes (1) the cutting or removal of trees of any species which are processed into logs, lumber, fiber, firewood or other wood products and offered for sale, barter, exchange, or trade, or (2) the cutting or removal of trees of any species or other forest products during the conversion of timberlands to land uses other than the growing of timber, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, water development projects, and transportation projects. Removal or harvest by the property owner of any dead tree that died of natural causes, or of any diseased tree, or of incidental vegetation from timberlands, such as berries, ferns, greenery, mistletoe, herbs, shrubs and poison oak does not constitute timber operations.

(j) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

Section 6. General Plan Amendment. The Conservation and Open Space Element, Goals and Policies, Open Space for Managed Production of Natural Resources, Natural Resource Lands for Forestry and Woodcutting, Conservation Policy, Riparian Woodland Habitat (set forth in Section 2.IIA2.(c)(1) on page 8-14 and 8-15) of the Napa County General Plan is amended to read as follows (text with a line through it is to be deleted from the General Plan; underlined text is to be added to the General Plan):

II. OPEN SPACE FOR MANAGED PRODUCTION OF RESOURCES

A.Natural Resource Lands for Forestry and Woodcutting

1.       Planning Goal: Protect and conserve Napa County's remaining forests and woodlands; allowing reasonable use of private land consistent with the need to protect water sources and water quality: the beneficial uses of water, including populations and habitat of fish and other aquatic species: riparian vegetation and wildlife habitat: wetlands: and the quiet enjoyment and safety of residential property by excluding timber operations from locations in the County where harvesting has the potential to damage these values.

LOCATION - Uplands surrounding the northerly one-half of the Napa Valley where soil type and thickness, and climate are suitable for coniferous habitat, generally in the West St. Helena Uplands, York-West Calistoga Uplands, Hennessey, and Kimball - Bell - Schwartz Planning Areas.

Commercial woodcutting occurs in widely distributed areas throughout the County.

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2.        Conservation Policy:

(a)      Costal Forest and Minor Conifer Habitat: Follow Conservation Policy for oak woodland - grass and hardwood habitat and riparian woodland habitat. Encourage active forest management practices including timber harvesting to preserve existing forests. Follow>Land Use Policies 3.15 through 3.15.3.

(b)      Oak >Woodland - Grass and Hardwood:

1) Support hardwood cutting criteria to insure the retention of adequate stands of oak trees for wildlife and follow cutting patterns recommended by the State Department of Fish and Game and other studies.

2) Maintain a mixture of oak species when needed to insure acorn production. Black, canyon, live and Brewer Oak as well as blue, white, scrub, and live oaks are common associations.

3) In timber clearing areas, when possible, leave stand natural groups of oaks, one-half to five acres for food, denning, nesting and shelter. Preserve variety of these groups to maintain annual acorn production.

4) Retain appropriate numbers of hardwood trees to insure regeneration. Encourage timber plantations for fuelwood production.

5) Require replanting of oaks and other appropriate species to maintain biodiversity.

6)  FollowLand Use Policies 3.15 through 3.15.3. (c)      Riparian Woodland Habitat:

1) Natural vegetation areas along perennial and intermittent streams shall vary in width with steepness of the terrain, the nature of the undercover, and type of soil be of sufficient width to protect riparian wildlife habitat, water quality and aquatic species and their habitat. For all Class I and II streams, 325 feet from the stream centerline, for Class III streams, 175 feet from the stream centerline, and for Class IV streams, 50 feet from the stream centerline, are generally of sufficient distance to protect these resources.

2) To offset possible additional losses of riparian woodland due to development projects and conversions, developers shall provide and maintain similar quality and quantity of replacement habitat or in-kind funds to an approved wildlife habitat improvement and acquisition fund. While on-site replacement wherever possible, is preferred, replacement habitat may be either on site or off-site as approved by the County,

1) Enforce County regulations which protect riparian woodlands including Land Use Policies 3.15 through 3.15.3.

Section 7. Application to existing projects. Otherwise applicable provisions of this ordinance shall not apply to any timber operations for which the timber owner has obtained all legally required discretionary permit approvals prior to the effective date of this Ordinance or if the application thereof would require that the County violate any development agreement that it has fully executed and approved prior to the effective date of this Ordinance, provided that any such approval or approvals are not set aside by a final judgment of a court of competent jurisdiction. In the event that any such approval or approvals are set aside by a final judgment of a court of competent jurisdiction, then the applicable provisions of this Ordinance shall apply to said timber operations.

Section 8. Liberal Interpretation. The provisions of this Ordinance shall be liberally interpreted in order to give effect to its purposes.

Sections. Severability. If any provision, part or clause of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions, parts or clauses or applications thereof which can be given effect without defeating the overall purpose of this Initiative, and to this end the provisions of this Act are severable. The voters of the people of the County of Napa expressly declare that even if one or more provisions, parts or clauses of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional, the remaining provisions of this Ordinance would have been enacted without change.

Section 10. Conflicting Law.

(a) In the event that this measure and another measure or measures relating to the prohibition of timber operations in specified locations in the County of Napa near streams and residences shall appear on the same County election ballot, the provisions of these other measures shall be deemed to be in conflict with this measure. In the event that more than one such measure passes and this measure shall receive a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void in their entirety. In the event that more than one such initiative passes and the other measure or measures shall receive a greater number of affirmative votes, the following rules shall apply: if more than one such measure passes, then both measures shall go into effect except to the extent that particular provisions of one measure are in direct, irreconcilable conflict with particular provisions of another measure. In that event, as to those conflicting provisions only, the provisions of the measure which received the most votes shall prevail.

(b) If this measure is approved by the voters but superseded by any other conflicting ballot measure approved by more voters at the same election, and the conflicting ballot measure is later held invalid, it is the intent of the voters that this measure shall be self-executing and given full force of the law.

Section 11. Amendment. This Ordinance may be amended in any manner by a vote of the people. The Napa County Board of Supervisors may enact additional conditions or prohibitions on timber operations that do not reduce the prohibitions contained herein. The Napa County Board of Supervisors may also enact non-substantive changes to this Ordinance for the purpose of ensuring that this Ordinance is consistent with the Napa County General Plan and that the General Plan is internally consistent and correlated.

Section 12. Effective Date. The effective date of this Ordinance shall be as provided in California Elections Code § 9122, except that if there have been four amendments to the Napa County General Plan prior to the effective date of this Ordinance as established pursuant to California Elections Code § 9122, then the effective date of this Ordinance shall be January 1, 2003.