Carmel Valley View, Ltd. v. Board of Supervisors

Respondent Carmel Valley View, a limited partnership, obtained from the superior court a writ of mandate directing the planning commission and the Board of Supervisors of the County of Monterey (appellants) to approve a tentative subdivision map. The present appeal followed.

Respondent sought approval of a tentative subdivision map for a development called “Villas Carmel del Pacifico.” The Monterey County Planning Commission denied approval, upon findings that the proposed subdivision was “premature” and that “the site is not physically suitable for the type of development with respect to the use of the individual sewage disposal systems, . . .” Respondent appealed to the Monterey County Board of Supervisors. Following a public hearing, the board denied the appeal.

Appellants contend that disapproval of respondent’s tentative subdivision map was supported by substantial evidence that the site is not physically suitable for the type of development proposed due to the fact that respondent plans to use individual sewage disposal systems. “Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise…