Maggini

Carmel Valley View, Ltd., appeals from a judgment denying a writ of mandate (see Code Civ. Proc., § 1085) to compel Ernest Maggini, Clerk of the Board of Supervisors of Monterey County, to certify the county’s approval of a tentative subdivision map (see Subdivision Map Act, Gov. Code, §§ 66410-66499).

In Carmel Valley View, Ltd. v. Board of Supervisors (1976) 58 Cal.App.3d 817 [ 130 Cal.Rptr. 249 ], the present appellant, a limited partnership which owns land in Monterey County, sought approval of a tentative subdivision map for a 500-acre parcel of land. The planning commission and board of supervisors found that the proposed use of septic tanks in the subdivision might result in the contamination of local water supplies. The planning commission and board of supervisors therefore denied approval of the map, on the ground that the “site is not physically suitable for the type of development.” (Gov. Code, § 66474, subd. (c), formerly Bus. & Prof. Code, § 11549.5, subd. (c), repealed by Stats. 1974, ch. 1536, § 1, operative Mar. 1, 1975.) This court upheld the disapproval of the map.

Appellant then sought approval of a tentative subdivision map for an 80-acre portion of…