The Fourth Appellate District affirmed a judgment. The court held that a project to develop property adjacent to a sewage treatment plant would not have the environmental impact necessary to require an environmental impact report under the California Environmental Quality Act.

Makar Properties, LLC, applied to the City of Dana Point to change land use in the city to permit development of a site adjacent to a sewage treatment plant operated by the South Orange County Wastewater Authority (SOCWA). Makar to amend the general plan of the city to create a mixed-use designation, to amend the zoning code to create a new zone to allow mixed residential and commercial development, and to rezone the Makar site under such a new zone.