At its Oct. 27 meeting, the Saratoga Planning Commission listened to neighbors and to supporters of the hospital as the two sides attempted to iron out their differences. Five items were on the commission's agenda for the night, all of which were approved, including a conditional use permit application from the Sub-Acute Saratoga Hospital that satisfied code compliance concerns.

Everyone at the Oct. 27 meeting agreed that the work done by the hospital is heroic. It provides specialized care for children and adolescents with special needs. Its day care facility, Scribbles and Giggles Pediatric Day Health Center, provides care for special needs children.

However, Sub-Acute Saratoga Hospital is located in a residential neighborhood. With a fence abutting residential homes and garbage trucks spilling trash over that fence, the hospital has rubbed neighbors the wrong way. Neighbors have made several complaints against the hospital, including employees smoking cigarettes near their backyards and burglars and vandals using the hospital property as an entry point onto their properties.

The hospital applied for a permit to place two modular structures on the property, construct a trash enclosure, remove several accessory structures and remove trees. Supporters of the hospital spoke to the commission about the importance of the hospital and how approving the permit would benefit both the hospital and its neighbors. Neighbors described how the hospital had alienated them by ignoring their concerns. They stated that the hospital had moved a trailer onto the property that wasn't in compliance with city codes. Neighbors cited several problems caused by the hospital not maintaining the fence that abuts their properties.

"We are not opposed to the hospital," Teresa Mills, a neighbor, said. "What we are opposed to is the way they deal with neighbors."

A hospital trash bin is located near Mills' back fence. Three mornings a week, Mills explained, garbage trucks empty the bin and have spilled trash into her yard. Mills also said a tree on the hospital property has grown over her house and has stunted the growth of her trees.

The neighbors agreed that they needed assurances that the hospital would remain in compliance with city codes.

Mike Zarcone, owner of the hospital and a Saratoga resident, said he has been attempting to address the neighbors' concerns. "I'm guilty as charged as far as these permits are concerned," he said.

He said the hospital has been making an effort to increase communication with the neighbors and make changes that would mitigate their concerns. He said approval of the conditional use permit and design review would satisfy the needs of the neighbors and the hospital.

The planning commission unanimously approved the application for the conditional use permit with amendments that specified the location of a generator and required that the hospital's fence remain closed and secured.

The commission then approved a conditional use permit from Cingular Wireless Services Inc. for antennas on a PG&E tower and for an unmanned communications facility on Cox Avenue. This was Cingular's second attempt at gaining approval for the permit. On Sept. 28, the planning commission peppered Marsha Converse, a representative for Cingular, with questions about the application. The commission had requested that Converse reappear before the commission with more information. On her second attempt, Converse brought three experts who answered questions from the commission.

"This is a community that is sensitive to this issue," Commissioner Mike Uhl said. Commissioner Manny Cappello said the community's sensitivity to wireless facilities would mean a continued increase in scrutiny for applications of this kind. The commission found no reason to reject Cingular's request for the permit.

Also on the agenda was a design review for the construction of a single family home at 15175 Via Colina, which was approved.

The next item was an application to subdivide a property, owned by Steve Spitts, at 19330 Saratoga-Los Gatos Road. The application was approved despite opposition from neighbors who voiced concerns about privacy, the removal of trees and the construction of a driveway running through the property. Spitts said he had done his best to accommodate the concerns of the largest number of neighbors as possible, describing the process as arduous, complicated and costly. The commission gave Spitts approval to subdivide his property.

In its final decision of the night, the commission approved a mitigated negative declaration, a tentative subdivision map and a general plan conformity determination for the property at 19848 Prospect Road, commonly called the North Campus. The approval allows for the property to be subdivided into nine single-family residential parcels. The approval is an initial step in preparing the property for sale to developers.

Jack Mallory, who would like to see the property saved for public use, was unhappy with the approval. "I hoped the planning commission would do some actual planning and not follow the direction of the city council," he said.

Mallory, and the Citizens to Create the North Saratoga Community Center, are attempting to raise enough money to purchase the property to keep it from being developed with homes. They have raised approximately $350,000 but will need to come up with at least $6 million to make the purchase.