Myers

Plaintiffs and appellants, pursuant to Code of Civil Procedure section 1094.5, petitioned the Superior Court in and for the County of Santa Clara for a writ of mandate requesting the court to command the respondent Board of Supervisors of the County of Santa Clara to rescind, void, and annul its resolution of January 23, 1974, granting minor land division approval to Doris Hartley, real party in interest, and to direct that an environjnental impact report (EIR) be prepared concerning Hartley’s application tibfore approval of the proposed division is again considered.

The matter was heard and submitted for decision and, on August 30, 1974, judgment was entered denying the peremptory writ of mandate and discharging the alternative writ theretofore granted. This appeal is from the judgment denying the peremptory writ.

Appellants contend that respondent board refused to prepare, or cause to be prepared, an EIR though the proposed land division may have numerous significant effects on the environment; that no findings of fact were made showing that the creation of new land parcels did not conflict with the Environmental Quality Act of 1970 (CEQA) (Pub. Resources Code, §§…