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IIIA. Finding: The County finds that it is both permissible and appropriate to use the certified 1994 Master EIR in connection with the Neighborhood F Project. The County has made this determination, after reviewing the certified 1994 Master EIR as well as the CEQA Findings adopted concurrently with the certification of the 1994 Master EIR (which are hereby incorporated by reference), as well as the Initial Study and proposed Mitigated Negative Declaration, the Planning Department staff report and other evidence, data and testimony introduced into the record. CEQA Requirements: Section 15179 of the CEQA Guidelines provides a five year limitation on Master EIRs unless the lead agency either: (a) Reviews the Master EIR and finds that no substantial changes have occurred with respect to the circumstances under which the Master EIR was certified, or that there is no new available information which was not known and could not have been known at the time the Master EIR was certified; or (b) Prepares a subsequent or supplemental EIR that updates or revises the Master EIR and which either (i) is incorporated into the previously certified Master EIR, or (ii) references any deletions, additions or other modifications to the previously certified Master EIR. Statement of Fact. The 1994 Master EIR was certified more than five years ago. This fact requires the County to carefully examine the certified 1994 Master EIR to determine if it is still appropriate to use the environmental impact report when evaluating the environmental effects of the Neighborhood F Project. In making this examination,the County is also mindful of the fact that litigation concerning the legal validity of the 1994 Master EIR was commenced shortly after its certification, and proceeded over a course of more than 13 months. The two cases filed in San Joaquin County Superior Court were California Department of Fish& Game v. San Joaquin County,Docket No. 282812 and Plumbing_& Pipefittine Industry et al. v. San Joaquin County,Document 282773. This litigation resulted in binding legal judgments upholding the validity of the 1994 Master EIR and related project approvals. The County further notes that during the pendency of. the litigation,the term of some of the project approvals granted in 1994, including the Master Plan Development Agreement, were tolled. The County Planning Department and its independent consultant retained to prepare the Initial Study each independently concluded that it was appropriate to use the 1994 Master EIR for reviewing the environmental effects of the Neighborhood F Project. The County finds that these conclusions constitute substantial evidence in support of these findings. The County also finds that it is appropriate and reasonable under the circumstances for the County to rely on the professional opinions and conclusions of its Planning Department and the independent consultant as support for each of the findings made by the County. The County has knowledge that the Planning Department personnel and the independent consultant retained to prepare the Initial Study by education,training and experience are qualified to provide such professional opinions and conclusions. The County reviewed the certified 1994 Master EIR and finds that no substantial changes have occurred with respect to the circumstances under which the 1994 Master EIR was certified. In making this determination the County uses the term"substantial changes" as 17