If the city council grants a waiver or limited waiver as a means to avoid having to compensate, or as a means to limit compensation to, an owner or owners under Measure 49, and if, based on a subsequent appellate court interpretation or invalidation of Measure 49, in the same or another case, the applying owner was not entitled to compensation in relation to the regulation from which the waiver waiving the regulation was granted, then the waiver or limited waiver shall be deemed to have been invalid and ineffective as of and after the date of the city council’s order granting the waiver or limited waiver. Any such invalidity and ineffectiveness shall be limited as necessary to avoid the City being required to compensate the owner under Measure 49. [BC 2.07.060, added by Ordinance No. 4472, 2/25/08]