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Section 2. The City Council finds and determines that this ordinance is not <br />subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and <br />Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this <br />Ordinance is exempt from CEQA review because it will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment, as there is no possibility it will <br />have a significant effect on the environment and it is not a "project", as defined in Section <br />15378 of the CEQA Guidelines. As a result, a Notice of Exemption, Environmental Review <br />No. 2023-115, will be filed upon adoption of this ordinance. <br />Section 3. Section 41-190 (General restrictions) of Chapter 41 of the SAMC is <br />hereby amended to read as follows: <br />Sec. 41-190. - General restrictions. <br />Except as hereinafter provided: <br />(a) No building shall be erected, reconstructed or structurally altered except in <br />conformance to the provisions contained herein; nor shall any building or land be <br />used for any purpose other than that which is permitted in the district or modified <br />district in which such building or land is located. All uses, as defined in Division 2 <br />of Article 1 of this Chapter, not expressly permitted in any zoning district are <br />prohibited. <br />(b) No building shall be erected, reconstructed or structurally altered to exceed the <br />height or size limit herein established for the district or modified district in which <br />such building is located. <br />(c) No lot area shall be so reduced or diminished that any yard area or other open <br />spaces shall be smaller than prescribed by this chapter. <br />(d) No yard or other open space provided about any building for the purpose of <br />complying with the provisions of this chapter shall be considered as providing a <br />yard or open space for any other building; provided further that no yard or open <br />space on an adjoining property shall be considered as providing a yard or open <br />space on a lot whereon a building is to be erected. <br />(e) Every building hereafter erected shall be located on a lot created in conformance <br />with the subdivision regulations and in no case shall there be more than one (1) <br />dwelling or other principal structure on one lot except as provided herein. <br />(f) Whenever any land or building is devoted to a use of a more restricted <br />classification than that permitted in the district or modified district where located, <br />such act shall constitute a waiver of any right to claim that any use of buildings or <br />land near, or adjacent thereto, constitute a nuisance in any manner different from <br />that which would be a nuisance if such use were of the least restricted classification <br />permitted in such districts. <br />Ordinance No. NS-XXX <br />Page 3 of 17 <br />