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recommendation; and he noted that he felt it would be in the best interest of the applicant to get a majority vote either way, although he would agree perhaps after two months the Commission should move on if a decision cannot be made. Commissioner McIntosh agreed with Commissioner Souza that Mr. Giannini be instructed to do further research on the question of whether or not a motion to defer or continue can or cannot be made after any other motions have been voted upon. Based upon the fact that the Commission did receive Sure Save's March 19, 1998, written testimony and to give the applicant an opportunity to comment on it, it was moved by Commissioner McIntosh and seconded by Commissioner Tanaka that the public hearing be reopened. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECESSED At 2:41 p.m., it was moved by Commissioner Tanaka and seconded by Commissioner McIntosh that the meeting be recessed at this time to allow parties to review the written testimonies from Sure Save Supermarket and the State Department of Transportation. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 2:46 p.m. The applicant, James McCully, and his representative, Sidney Fuke, were in attendance. Mr. Fuke apologized to the Commission for his inadvertent error in listing the January 13, 1998 recommendation as that of the Planning Director and then distributed to the Commission an amended recommendation, along with a smaller version of the location map posted on the bulletin board. He highlighted the basic issues raised by Sure Save Supermarkets, the State Department of Transportation and the Planning Director. On the issue regarding the overall land use standpoint, Mr. Fuke said the subject property is in conformity with the General Plan as it designates the area industrial, the only zoning categories that could be considered under the General Plan industrial categories were light industrial, heavy industrial, and mixed-commercial industrial, and they could not be faulted if the Zoning Code allows for commercial uses under the MCX zoning. He distributed several letters of support from people and businesses in the surrounding area. He pointed out that if there are recommendations for denial, it was almost always on whether it conformed with the General Plan and whether the infrastructure was adequate, not because there were "x" acres of already zoned lands, noting the infrastructure concerns have been addressed. On the issue of the traffic, Mr. Fuke summarized their traffic report. He explained that the plans right now include installing underground conduits for eventual installation of traffic signal lights when the schools come on line. He said the impact from their development will be minimal inasmuch as an intersection with proper synchronization is already planned for the -12-