Item 04 - 60.5 Rogers St - Staff Report & Exhibits 1-6TOWN OF LOS GATOS ITEM NO: 4
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 12, 2015
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT/
CONTACT PERSON:
PROPERTY OWNER:
Jennifer L. Savage, Senior Planner
jsavage@lo s gatosc a.go v
Architecture and Site Application S-15-048
60Yz Rogers Street (west terminus of Rogers Street,
approximately 630 feet southwest of the intersection of Kimble
Avenue and Rogers Street)
Terence Szewczyk
Clark and Suzanne Cochran
APPLICATION SUMMARY: Requesting approval to eliminate a detached second dwelling
unit on property zoned R-1 :20. APN 529-33-003 .
RECOMMENDATION:
PROJECT DATA:
CEQA:
DEEMED COMPLETE: July 9, 2015
FINAL DATE TO TAKE ACTION: January 9, 2016
Approval, with conditions.
General Plan Designation: Low Density Residential
Zoning Designation: R-1 :20 -Single-Family
Residential, 20,000 square foot
lot minimum
Applicable Plans & Standards: General Plan
Parcel Size: 10 ,003 square feet (after Lot
Merger)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-ID
East Residential Low Density Residential R-1: 10
South Residential Low Density Residential R-1 :20
West Residential Low Density Residential R-1:20
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures .
Planning Commission Staff Report -Page 2
60Yz Rogers Street/S-15-048
August 12, 2015
FINDINGS:
CONSIDERATIONS:
ACTION:
EXHIBITS:
BACKGROUND:
• As required , pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act,
this project is Categorically Exempt, Section 15303: New
Construction or Conversion of Small Structures.
• As required by Section 29.10.330 of the Town Code for
elimination of existing second units.
• As required by Section 29.10.09030 of the Town Code for
demolition.
• As required by Section 29.20.150 of the Town Code for
granting approval of an Architecture and Site application.
The decision of the Planning Commission is final unless
appealed within ten days.
1. Location Map
2. Findings
3. Recommended Conditions of Approval
4. Project Data Sheet Completed by the Applicant, received
June 17, 2015 (one page)
5. Project Description and Letter of Justification, received June
17, 2015 (four pages)
6. Development Plans, received on June 17, 2015 (two sheets)
On February 25, 2015, the Development Review Committee approved a Lot Merger application
to merge six lots into three lots. The subject property is one of the three lots and currently
contains a 516-square foot residence with a 266-square foot attached garage. The subject
residence was allowed as a second dwelling unit for the single-family dwelling at 60 Rogers.
With the approval of the Lot Merger, the subject residence will be the main residence on a
separate parcel. An Architecture and Site application is required to remove the use of the second
dwelling unit because the subject structure will no longer be a second dwelling unit. A housing
unit will not be lost because the residence will be maintained.
The project is being forwarded to the Planning Commission because the Town Code requires the
elimination of a second dwelling unit to be reviewed by the Planning Commission.
Planning Commission Staff Report -Page 3
60 1;2 Rogers Street/S-15-048
August 12, 2015
PROJECT DESCRIPTION:
A. Architecture and Site Application
The subject structure will no longer be a second dwelling unit because it will be on its own
lot. The subject application is required prior to recording the map reducing six lots to three
lots .
Exhibit 4 provides general project data. A written description and letter of justification is
attached as Exhibit 5, and the current development plans are attached as Exhibit 6.
B. Location and Surrounding Neighborhood
The project site is located at the west terminus of Rogers Street, approximately 630 feet
southwest of the intersection of Kimble Avenue and Rogers Street (Exhibit 1 ).
Surrounding properties contain single-family residences.
C. Zoning Compliance
The zoning permits a single-family residence. The zoning code allows the elimination of a
second dwelling unit subject to the approval of an Architecture and Site application.
ANALYSIS:
A. Scope of Work
The applicant is requesting approval to eliminate a detached second dwelling unit. The
applicant explains that the property and existing structure are well maintained and no
modifications are proposed at this time (Exhibit 5).
B . Second Dwelling Units -Approvals and Demolitions
Since 2012, the Community Development Department has approved seven applications for
second dwelling units (new units) whereas only four second dwelling units were approved
for demolition (three interior units and one detached unit). The last approved removal of a
second dwelling unit occurred in February 2015. The subject request would not have a
negative impact on the Town's housing stock because the subject residence will be
retained. If approved, it would no longer be a second unit and would be removed from the
inventory. The number of approved applications for new second dwelling units exceeds
the number of approvals to demolish second dwelling units; therefore, the second unit
supply is expected to remain intact.
Planning Commission Staff Report-Page 4
60 Y2 Rogers Street/S-15-048
August 12,2015
C. Applicant's Justification
Section 29.10.330 of the Town Code requires the deciding body to make five findings to
approve the elimination of a second dwelling unit. The first required finding is that the
proposed elimination is consistent with the Town's Housing Element of the General Plan .
The four remaining findings are required by Section 29.10.09030(e) for demolition. In the
justification letter (Exhibit 5), the applicant provides reasons the deciding body can make
the required findings. The required findings can be made because the residential structure
will be maintained.
D. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are
not limited to:
• Policy LU-6.7 -Continue to encourage a variety of housing types and si z es that is
balanced throughout the Town and within neighborhoods, and that is also compatible
with the character of the surrounding neighborhood.
• Goal HOU-3 -Preserve existing residential opportunities, including the existing
affordable housing stock.
• Policy HOU-3.1 -Encourage the maintenance and improvement of existing housing
units.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures .
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
SUMMARY AND RECOMMENDATION :
A. Summary
The elimination of the subject second unit would not have a detrimental impact on the
Town's housing stock given that the structure will remain a housing unit for the Town's
housing stock. In addition, the number of applications for new units exceeds the number of
applications to demolish second dwelling units.
Planning Commission Staff Report -Page 5
6012 Rogers Street/S-15-048
August 12 ,2015
B. Recommendation
Staff recommends approval of the Architecture and Site application . If the Planning
Commission concurs with staffs recommendation , it should:
I . Find that the proposed project is Categorically Exempt, pursuant to Section 15303
of the California Environmental Quality Act as adopted by the Town (Exhibit 2);
and
2. Make the required findings as required by Section 29. I 0 .330 of the Town Code for
the elimination of a second dwelling unit without replacement (Exhibit 2); and
3 . Make the required findings as required by Section 29.1 0.09030(e) of the Town
Code for granting approval to eliminate a second dwelling unit (Exhibit 2); and
4 . Make the required considerations as required by Section 29.20.150 of the Town
Code for granting approval of an Architecture and Site application (Exhibit 2); and
5. Approve Architecture and Site Application S-15-048 with the conditions contained
in Exhibit 3.
If the Commission has concerns with the proposed project, it can:
1. Continue the matter to a date certain with specific direction;
2. Approve the application with additional and/or modified conditions; or
3. Deny the project.
LRP:JLS:cg
Approved by:
Laurel R. Prevetti
Assistant Town Manager/Community
Development Director
cc: Terence Szewczyk , 1776 Technology Drive, San Jose, CA 95110
Clark and Suzanne Cochran, 60 Rogers Street, Lo s Gatos, CA 95030
N:\DE V\PC REPORT S\2 0 15\Roge rs60 .5.docx
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60 1/2 Rogers Street
EXHIBIT 1
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PLANNING COMMISSION -August 12, 2015
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
60Y2 Rogers Street
Architecture and Site Application S-15-048
Requesting approval to eliminate a detached second dwelling unit on property zoned R-
1 :20. APN 529-33-003.
PROPERTY OWNER: Clark and Suzanne Cochran
APPLICANT: Terence Szewczyk
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to Sections 15303 of the State Environmental
Guidelines as adopted by the Town in that the project consists of the conversion of a second
dwelling unit to a single-family residence.
Required f"mding for the elimination of a secondary dwelling unit without replacement:
• As required by Section 29.10.330 of the Town Code for the elimination of a secondary
dwelling unit, without replacement, the deciding body shall make the finding that the
propo sed elimination (without replacement) is consistent with the Town's Housing Element
of the General Plan . In order to eliminate an existing second unit (whether or not it will be
replaced), the deciding body must make the demolition findings pursuant to Section
29.10.09030.
Required finding for the elimination of an existing second unit:
• As required by Section 29.10.09030(e) of the Town Code for the elimination of an existing
secondary dwelling unit:
1. The Town's housing stock would be maintained in that the existing residence will be
maintained .
2. The project will facilitate the preservation of the existing residence.
3. The property owner has the desire or capacity to maintain the s tructure in that the owner
will maintain the structure as it exists.
4. The economic utility of the building or structure was considered in that the owner desires
to maintain the existing well-maintained structure as a single-family dwelling.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
• As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing thi s project.
N:\DE V\FINDINGS \20 15\Rogers60.5 .docx EXHIBIT~
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PLANNING COMMISSION -August 12, 2015
CONDITIONS OF APPROVAL
60Y2 Rogers Street
Architecture and Site Application S-15-048
Requesting approval to eliminate a detached second dwelling unit on property zoned R-
1:20. APN 529-33-003.
PROPERT Y OWNER: Clark a n d Suzanne Cochran
APPLICANT : Terence Szewczyk
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Di vision
I. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed. Any changes or modifications made to shall be approved by the Director
of Community Development, the Development Review Committee, the Planning
Commission, or the Town Council depending on the scope of the changes.
2. RETENTION OF EXISTING RESIDENCE : This approval would eliminate the residence
from the Town's inventory of second units based on the expectation of the retention of the
re sidence and its continued contribution to the Town 's overall hou sing stock.
3 . TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10 .115 requires
that any a pplicant who receives a permit or entitlement from the Town shall defend ,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not express ly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
N:\D EV \CON DITIONS\20 15\Rogers60.5 .docx
EXHIBIT 3
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60 % ROGERS STREET RESIDENTIAL PROJECT DATA
ss
Zonin g District
Land use
Gener al Plan Designation
Lot size:
• Square feet/acres
Exterior materials:
• Siding
• Trim
• Windows
• Roofi ng
Building floor area:
• First floor
• Second floor
• Garage
• Cellar
Setbacks (ft.):
• Front
• Rear
• Side
• Side street
Maximum height (ft.)
Floor Area Ratio (%/SF)
• Average sl ope
• Net site area
• House
• Garage
Parking
Sewer or Septi c
Tree removals
EX. CONDITIONS PROP. PROJECT
R1:20 Same
Second unit Single family residence
low density residential
10,003
GAR: lap
RES : Stucco
Wood
Wood
GAR: Elastomeric
RES: Tar and Paper
516
NA
266
NA
28'
81'
16' and 20'
NA
17'-1"
19%
7202
7.2%1516 SF
3.7% I 266 SF
3 {1 covered)
Sewer
None
RECEIVED
JUN 1 7 2015
TOWN OF LOS GATOS
PLANNING DIVISION
Same
10,003
Same
Same
Same
516
NA
266
NA
28'
81'
16' and 20"
-
17' -1"
19%
7202
Same
Same
Same
Sewer
None
REQUIRED/PERMITTED
-
-
0-5 DUlAC
20 ,000 sq . ft . min.
-
-
-
-
-
-
-
-
30115* feet minimum
25 feet minimum
15 feet minimum
20 feet minimum
30 feet maximum
-
-
33 .2% I 2394 SF
8 .2%1593 SF
2 spaces minimum
-
-
EXHIBIT 4
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~-1 ~ ~lVI~ ~NUIN~~RINU
June 17, 2015
Jennifer Savage, AICP
Senior Planner
Town of Los Gatos
Community Development Department
11 0 E. Main Street
Los Gatos, CA 95031
Subject: Project Description and Letter of Justification
RECEIVED
JUN 1 7 201~
TOWN OF LOS GATO S
PLANNING DIVISION
60 'h Rogers Street -Architecture and Site Application
Conversion of Secondary Dwelling Unit Use to Primary Residence
Dear Jennifer:
Clark and Suzanne Cochran have owned and resided at 60 Rogers Street since 1989 or just about 25 years.
They recently completed a lot merger application which has resulted in isolation of the 60 'h secondary dwelling
unit to a separate 10,000 SF lot, away from their primary residence at 60 Rogers Street. There is presently no
expansion or a physical change proposed to the land, structures or utilities at the site. Nor is there presently a
planned change in the current rental use. However, Section 29.10.330 of Town Code below requires that the
Planning Commission approve the conversion or demolition of any secondary dwelling unit.
Sec. 29.10.330. -Elimination and/or demolition of existing second units.
In order to eliminate and/or demolish, without replacement, an approved second unit, the deciding body shall make
the finding that the proposed elimination and/or demolition, (without replacement), is consistent with the Town 's
Housing Element of the General Plan . In orde r to eliminate and/or demolish an existing second unit (whether or not
it will be replaced), the deciding body must make the demolition findings pursuant to section 29 .10.09030 .
(Ord. No . 2115, §I , 9-15-03; Ord . No. 2149, §I, 5-1-06)
PROJECT DESCRIPTION
The Cochrans have lived at the site and raised three daughters within the Los Gatos community. They are
approaching "empty-nester status" and retirement age. Consequently they may someday move from 60 Rogers
to 60 'h Rogers to downsize and remain near their children.
The 60 'h Second Dwelling Unit (SDU) permit was filed by Ippsich in August 1986, a predecessor to Cochran.
The Cochrans were not even aware of the SDU designation until May 20, 2015. Regardless, the unit has been
leased to the same unrelated tenant for 30 years . The unit is 516 SF of living area with an attached single car
covered garage. It allows for two parking spaces in the driveway and has separate utility connections, except
1776 TECHNOLOGY DRIVE. SAN JOSE. CA 95110
408·452-9300 MAIN 408-837-7550 FACSIMILE EXHIBIT 5
WWW.TSCIVILENG .COM
Job No. 14-259
Page2of4
June 17, 2015
for water. All setbacks are zoning compliant and the maximum structure height is 17 '. The long term tenant
has traded reduced rent in exchange for minor maintenance and internal upkeep projects (floor refinishing and
painting). The property is well maintained, architecturally attractive and functions as a fire turnaround at the
terminus of Rogers Street. The fire turnaround will be formalized with a new Emergency Vehicle Access
Easement as a requirement of the lot merger.
In summary, 60 'h Rogers currently complies with Town Code as a secondary dwelling unit. Upon approval of
the Planning Commission, the building use will be converted to a small primary dwelling unit. As a primary
unit, the building will still comply with code and Cochran will continue to rent the building to the current
tenant.
PROJECT JUSTIFICATION
Town Staff provided us with an inventory of 8 new secondary dwelling units that have been approved over the
past three years as tabulated below:
Address
Application Applica t i on Typ e Application File Date Street It Street Name Parce l II Statu s {Start-
End)
• D -12·002 M lscellenll!o u s/S~condary Dwe l li ng/New Approved 06/13/201 2 255-LOS GATOS 52924021
S~ondary Dwelling .. 0·12·003 M Jsce lfaneous/Seconda ry Dwelling/New Approved 07/27/2012 1 00-MONTC LAIR 407 11007
Secondary Dwelling
0 ·1 2-004 Mlscellaneous/Secondl!ry Dwefllng /New Approved 11 /1.4 /2012 1 11-BEL WOOD 52 7 31019
Secondary Dwelling GATEWAY
• 0 -1 3 -00 1 M lscellaneous/S~ondary D w elling/New Approved 01/10/2013 161 31-LOS GATOS· 42412078
Secondary Dwellin g A LMADEN
• 0 ·13·002 Mlscelloneous/Secondary Owelllngi New Approved 11/18/2013 175-PROSPECT 52933013
Secondary Dwelling
• 0 ·14·001 M iscellaneous/Secondary oweft lng/New Withdrawn 01/29/2014 52· OAK HILL 52934101
secondary Dwelling
D -14·002 M iscellaneou s/Secondary OwetllngJNew App roved 07/25/2014 1 6-CLIFTON 5 104S087
Secondary Dwellong
• 0 -14-004 M jsceflaneous/Secondary Dwe1Ungt r.tew Approved 10/13/2014 211-BROOKE A CRES 53218044
Secondary Dwelling DRIVE
The recently approved Housing Element (May 5, 2015) makes reference to the total housing units in Town as
13 ,1 85 in 2014. The then present number of secondary units was 401. ·
The subject application merely seeks to reclassify the current SDU to a small primary residence. Essentially
there is no net change in the Town housing inventory, rather this unit merely moves from one category to
another.
The change to a primary unit provides the current owners with the option to expand, sell or simply continue to
rent out this small 516 SF residence. Another option could be to downsize from the 60 Rogers residence of
2000 SF to the much small 60 'h residence without a moving truck.
1776 TECHNOLOG Y DRIVE, SAN JOSE. CA 95110
408--452-9300 MAIN 408-837-7550 FACSIMILE
WWW .TS C IV ILENG.COM
Job No. 14-259
Page 3 of4
June 17, 2015
OWNER OPTIONS WITH 60 Yz ROGERS
1. Expansion up to 2400 SF
2. Sell as a 10,000 SF lot with 516 SF residence
3. Continue to rent out
4. Downsize from 60 Rogers to 60 Yz Rogers-owner occupies 60 Yz Rogers
None of the above options conflict with Housing Element or General Plan goals below:
GENERAL PLAN CONFORMANCE
Policy LU-1.4 Infill projects shall be designed in context with the neighborhood and surrounding zoning with
respect to the existing scale and character of surrounding structures, and should blend rather than compete with
the established character of the area.
Proje ct complies with above as stated based upon moderately and small (3000 SF to 500 SF) sized residences
on approximately 10, 000 SF average lots.
Policy LU-42 Allow development only with adequate physical infrastructure (e.g . transportation, sewers,
utilities, etc.) and social services (e.g. education, public safety, etc.)
Access, circulation and utilities already exist.
Policy LU-6.7 Continue to encourage a variety of housing types and sizes that is balanced throughout the Town
and within neighborhoods, and that is also compatible with the character of the surrounding neighborhood.
The 60 % building is compatible with neighboring houses. Even if expanded in the future to 2394 (per FAR) it
would still comply.
Policy CD-4.3 Trees that are protected under the Town's Tree Preservation Ordinance, as well as existing
native, heritage, and specimen trees should be preserved and protected as part of any development proposal.
No trees are proposed for removal at this time.
Goal HOU-3 Preserve existing residential opportunities, including the existing affordable housing stock.
Policy HOU-3.1 Encourage the maintenance and improvement of existing housing units.
Project complies.
1776 TECHNOLOGY DRIVE. SAN JOSE, CA 95110
408-452-9300 MAIN 408-837-7550 FACSIMILE
WWW .TSCIVILENG.COM
Job No. 14-259
Page 4 of4
June 17, 2015
Policy HOU-3 .2 Support the preservation and conservation of existing housing units that provide affordable
housing opportunities for Town residents and workers.
The 516 SF unit is affordable.
ELIMINATION F I N DINGS
Sec. 29.10.09030.-Dem olitions.
(e) Findings. In architecture and site approval proceedings, the deciding body shall consider:
(1) Maintaining the Town's housing stock.
Although the secondary unit status will be eliminated this 516 SF one bedroom housing unit will
remain as an affordable rental unit. The housing stock will not be diminished.
(2) Preservation of historically or architecturally significant buildings or structures.
The secondary unit does have some minor architectural significance and it will be maintained.
(3) Property owner's desire or capacity to maintain the structure .
The owner will continue to maintain the structure and may eventually inhabit it.
(4) Economic utility of the building or structure .
The structure is in excellent condition and very well maintained considering it is nearly 80 years old.
In swnmary, the change in use of the small secondary unit preserves the opportunity to continue rental or
expansion in a manner which complies with Town General Plan and Housing Element Policies. With the
creation of 7 additional secondary units over the past 3 years, the elimination of one unit is negligible.
Sincerely,
TS/CIVIL ENGINEERING, INC.
Terence J. Szewczyk, P.E. C35527
Principal Engineer
1776 TECHNOlOGY DRIVE, SAN JOSE, CA 95110
408-452-9300 MAIN 408-837-7550 FACSIMILE
WWW.TSCIVILENG .COM
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( IN f£ET )
1. -10'
PH: 4 08 .4 52.9300 TOLL FRE E: 888.327.7070 FAX : 408.837.7550
LANDS OF
CO C HRAN
APN 529-33-00 3
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EXISTING SECONDARY UNIT
RECEIVED
JUN 17 Z015
TOWN OF LO S GATOS
PLANN I NG DIVISION
S-\5 -040
BUILDING ELEVATIONS AND FLOOR PLAN ~=-..=:..J
6 ~ ROGERSSTREET E7~~~~~~~~~
LOS GATOS , CA 95030
EXHIBIT 6
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