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x <br /> a <br /> rri <br /> entitled to rely upon any representation made by an official development application in contravention of this subsection <br /> in contravention of this subsection, and each and every such shall hereby be deemed null and void, and, upon discovery, <br /> representation shall be deemed in violation of the policy of shall be grounds for revocation of a permit or approval, or <br /> the city, and is not binding on the city in any respect. No reconsideration of a legislative decision. <br /> subsequent decision of the city shall be deemed a ratification of <br /> any representation made in contravention of this subsection. Section 2.2.1.4Conflict in Authority <br /> C. Representations Concerning Future Amendments. No A. Internal Inconsistency.Whenever one or more provisions of <br /> city official, whether an employee of the city or a member this development code are in apparent conflict,the provisions <br /> of an appointed board or commission, or a member of shall be construed, if possible, so that effect is given to each. <br /> the city council, shall have the authority to make binding If the conflict is between a general provision and a specific <br /> representations to any person concerning the likelihood that a provision, and the conflict is irreconcilable,the specific <br /> change in any legislative classification or a change in the text provision shall prevail as an exception to the general provision, <br /> of this development code as applied to a specific tract of land unless the general provision is the later enactment and the <br /> shall be granted, or that an existing legislative classification manifest intent is that the general provision should prevail. <br /> or text provision shall remain in effect, or that any application B. Incomplete Provisions.Whenever a specific standard <br /> for relief shall be granted. No person is entitled to rely upon or procedure of this development code is incomplete <br /> any representation made by an official in contravention of this when applied in isolation to a development application or <br /> subsection, and each and every such representation shall be development activity, such standard shall be supplemented by <br /> deemed in violation of the policy of the city, and is not binding any general or specific provision of this development code, <br /> on the city in any respect. No subsequent decision of the city the city code, or the city charter in order to give effect to the <br /> shall be deemed a ratification of any representation made in incomplete provision. <br /> contravention of this subsection. <br /> D. Effect of Comprehensive Plan,Ordinance or Development DIVISION 2: CITY STAFF <br /> Standard on Liability Claims.The city's approval of a <br /> development application under the standards and procedures Section 2.2.2.1Administrator; Responsible Official; <br /> of this development code does not guarantee or assure that Determining Authority <br /> development of the property in accordance with the standards A. Administrator. The administrator of this development code is <br /> shall prevent, minimize or mitigate harm to adjoining property. the director of planning and development services. As such, <br /> A person who undertakes development activities shall not the administrator shall be responsible for taking the following <br /> rely on the city's approval of a development application as actions with regard to development applications in addition to <br /> ensuring that the development activities shall not result in all other responsibilities assigned under this development code: <br /> harm to adjoining property.The regulations contained in <br /> this development code constitute an exercise of the city's 1. Accepting the application for filing; <br /> governmental authority, and approval of a development <br /> application shall not give rise to any liability on the part of the 2. Processing the application; <br /> city or its officers, agents and employees, nor shall an approval 3. Coordinating any comments from other city departments <br /> release the applicant from any liability for harm arising out of concerning the application, and; <br /> development of the property under applicable law. <br /> 4. Taking all other actions necessary for administration of <br /> E. No Waivers. Except as expressly provided for in this the provisions of this development code with respect to <br /> development code, no official, board, commission of the all development applications which are not otherwise <br /> city, or the city council, shall have authority to waive or vary assigned to a responsible official with respect to a <br /> any requirement or standard for a development application. development application. <br /> Any attempted waiver of a requirement or standard for a <br /> 2:6 San Marcos Development Code Amended: September 1, 2020 <br />