The most common type of conflict of interest involves real property interests. Upon appointment, Council Members and Commissioners should request the Planning Department to prepare a 500’ and 1,000’ buffer map around any real property they own in Portola Valley.

Below is a summary of the real property conflict of interest rules.

• If an official owns real property within 500 feet or less of a parcel subject to a decision, the official is presumed to have a conflict of interest and may not participate in the decision.
• If an official owns real property between 500 and less than 1000 feet of a parcel subject to a decision, the official may not participate in the decision if the decision would change the parcel's:
  1. Development potential;
  2. Income producing potential;
  3. Highest and best use;
  4. Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or
  5. Market value.
• If an official owns real property 1000 feet or more of a parcel subject to a decision, the official is presumed not to have a conflict.
• There are three major exceptions to this rule.

1. Routine road maintenance. The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.
2. General Plan Amendment. The decision solely concerns the adoption or amendment of a general plan and all of the following apply:
   1. The decision only identifies planning objectives or is otherwise exclusively one of policy.
   2. The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent.
   3. The decision does not concern an identifiable parcel or parcels or development project. A decision does not “concern an identifiable parcel or parcels” solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and economic interests of the official are not singled out.
   4. The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent.
3. Public Generally Exception: The financial effect on a public official's financial interest is indistinguishable from its effect on the public generally if the official establishes that a significant segment of the public is affected and the effect on the official's financial interest is not unique compared to the effect on the significant segment. A “significant segment of the public” is defined as at least 15 percent of residential real property within the Town. [In Portola Valley, we have 1,829 residential parcels.]

The FPPC regulations contain a process for segmenting a decision to permit the conflicted official to participate in a portion of the decision that would not impact a financial interest. Segmentation is only permitted if: (1) the discussion is broken down into separate decisions that are not inextricably interrelated to the decision in which the official has a disqualifying financial interest; (2) the decision in which the official has a financial interest is considered first; and (3) the disqualified public official's participation does not result in a reopening of, or otherwise financially affect, the decision from which the official was disqualified. (See FPPC Regulation 18706.)