Findings of Fact

1. The Commission acting on its own motion in D.03-10-063, imposed a stay on D.01-11-048 insofar as it approved the West Creek EIR.

2. The Commission directed that the stay of D.01-11-048 would remain in effect pending recertification of the West Creek EIR by the lead agency, the County, and resubmission of the West Creek EIR to the Commission.

3. On July 26, 2005, the County recertified the Revised EIR for the West Creek project.

4. The County of Los Angeles is the Lead Agency for the proposed project pursuant to CEQA.

5. The Commission is a Responsible Agency for the proposed project pursuant to CEQA.

6. The Board of Supervisors of the County of Los Angeles voted on July 26, 2005, to approve and recertify the West Creek Final Additional Analysis and Supplement, and adopted a revised and updated Findings of Fact and prepared a Statement of Overriding Considerations, including an unchanged Mitigation Monitoring Plan.

7. Staff has independently reviewed the application by Valencia Water Company, including the Environmental Impact Report for the West Creek project, as revised by the West Creek Final Additional Analysis and Supplement.

8. Staff has reviewed the Findings of Fact and Statement of Overriding Considerations adopted by the Board of Supervisors of the County of Los Angeles for the West Creek Project.

9. The Commission has considered the revised West Creek Final Additional Analysis and Supplement prepared by Los Angeles County in its decision making process in accordance with the CEQA Guidelines Section 15096 et seq.

Conclusions of Law

1. The West Creek Final Additional Analysis and Supplement developed by the County of Los Angeles is adequate for this Commission's independent decision making purposes pursuant to CEQA Guidelines Section 15096 et seq.

2. The Commission has independently considered the County of Los Angeles' West Creek Final Additional Analysis and Supplement in its decision making process in accordance with the CEQA Guidelines Section 15096 et seq.

3. With the recertification of the West Creek EIR, the conditions stated in D.03-10-063 have been met; therefore, the stay of D.01-11-048 should be lifted and Valencia authorized to serve the West Creek project.

ORDER

IT IS ORDERED that:

1. The July 28, 2005 motion of Valencia Water Company (Valencia) to reopen this proceeding and terminate the stay of Decision (D.) 01-11-048, is granted.

2. The stay of D.01-11-048 imposed by D.03-10-063 is lifted and Valencia is authorized to expand its service area to serve the West Creek project consistent with its approved Water Management Plan and the recertified Revised West Creek Environmental Impact Report.

3. Application 99-12-025 is closed.

This order is effective today.

Dated August 24, 2006, at San Francisco, California.

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