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1993-01 RESOLUTION NO. C 93-01 A RESOLUTION OF THE CARDIFF COMMUNITY ADVISORY BOARD APPROVING A DESIGN REVIEW PERMIT AND VARIANCE FROM REQUIRED SIDE YARD SETBACKS, AND CERTIFYING A NEGATIVE DECLARATION FOR THE PROPOSED CONSTRUCTION OF A 19,200 SQ. FT. MEDICAL OFFICE BUILDING IN THE OFFICE PROFESSIONAL ZONE LOCATED AT 1205 RUBENSTEIN (CASE NO: 92-161 DR/V/EIA) WHEREAS, a request for consideration for Design Review and Environmental Review for a proposed 19,200 sq. ft. medical office complex, along with a variance request to allow the building to encroach 12 ft. into the required 20 ft. street side yard setback along Santa Fe, with cedar trellis elements extending 4 ft. beyond the 4 ft. allowed by the Municipal Code along the north, south, and west elevations was filed by Lewis and Lewis Development for a 30,188 gross sq. ft. site located in the Office Professional zone at 1205 Rubenstein (the southeast corner of Santa Fe and Rubenstein) in accordance with Chapters 23.08 (Design review) and 30.78 (Variances) of the Encinitas Municipal Code, legally described as: A portion of Lot 1 of Ridgeway Heights, according to the Map thereof No. 2163, filed in the Office of the San Diego County Recorder; and WHEREAS, a public hearing was conducted on the application on April 26 and May 24, 1993 by the Cardiff Community Advisory Board; and WHEREAS, the Cardiff CAB considered, without limitation: 1. The staff reports dated April 22 and May 24, 1993, with attachments; 2. Applications, project description, statement of justification, and associated materials from application submitted August 25, 1992; 3. Environmental Initial Study from Associates dated March 18, 1992; M. F. ponseggi & 4. Project plans dated received August 25, 1992 along with revised site plan dated received May 19, 1993; 5. Oral evidence submitted at the hearing; 6. Written evidence submitted at the hearing; TC/8/92161DR.RES (5-25-93) 1 WHEREAS, the Cardiff CAB made the following findings pursuant to Chapters 23.08 and 30.78 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED by the Cardiff Community Advisory Board of the City of Encinitas that application 92-161 DR/V/EIA is hereby approved subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that in the independent judgement of the Cardiff CAB the proj ect will result in no significant adverse environmental impacts with incorporation of the mitigation measures listed under Specific Condition "A" contained in Attachment "B" of this resolution, and a Negative Declaration is hereby certified. PASSED AND ADOPTED following vote, to wit: this 24th day of May, 1993, by the AYES: Crimmins, Fullwood, Grossman, MacFall, Sarkozy NAYS: None ABSENT: None ABSTAIN: None ohn MacFall hairman of the Cardiff Community Advisory Board ATTEST: ----'- --:::;7 ..---- ~. I . . ------..-.-- ~---_. // / T:m~~~~ ~ Associate Planner TC/8/92161DR.RES (5-25-93) 2 ATTACHMENT IIAII FINDINGS FOR DESIGN REVIEW AND VARIANCE PERMITS (CASE # 92-161 DR/V/EIA) I. Variance: What follows are the findings of fact the Board must make to approve the variance request pursuant to Zoning Ordinance Section 30.78.030: A. A variance from the terms of the zoning regulations shall be granted only when, because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. Facts: The proposal is for a proposed medical office complex to encroach 12 ft into the required 20 ft exterior side yard setback prescribed by Sect. 30.20.010 of the Municipal Code, with trellis extensions on the north, south and west elevations 4 ft. beyond the 4 ft. allowed under code. Discussion: Special circumstances are applicable to this property since the property is a narrow rectangular corner lot with, on its longer sides, a 20 ft. street side yard setback on the north side (taken from a 12 ft. required dedication) and a 25 ft. setback on its south side as a commercial property abutting residential ones in accordance with Section 30.20.010 (D1.) of the Municipal Code. The result is an abnormally low approximately 40 % of the site available for development within the required setbacks. Most Other properties in the vicinity or in the OP zone by virtue of their shape and/or location would not be subject to as restrictive a setback envelope. Conclusion: Therefore, the Board finds that special circumstances are applicable to the project due to its long rectangular shape, corner location, and proximity to residential properties resulting in an unusually low proportion of the site available for development. B. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone in which property is situated. TC/8/92161DR.RES (5-25-93) 3 Facts: The proposal is for a proposed medical office complex to encroach 12 ft into the required 20 ft exterior side yard setback prescribed by Sect. 30.20.010 of the Municipal Code, with trellis extensions on the north, south and west elevations 4 ft. beyond the 4 ft. allowed under code. Discussion: Through the variance request, the applicant seeks to enjoy a similar degree of building envelope constraint that most other developers of properties zoned for office use would expect. Most Office-Professional properties are of a more conventional shape, not located on corners, or do not abut residential zones, and therefore would enjoy a larger building envelope. Conclusion: Therefore, the Board finds that the grant of this variance does not constitute a grant of special privileges inconsistent with the limitations upon other property owners in the neighborhood. C. A variance will not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. The provisions of this section shall not apply to use permits. Facts: The proposed use is medical offices, permitted by right in the Office-Professional Zone in accordance with Section 30.09 of the Municipal Code. Conclusion: Therefore, the Board finds that the proposed use is consistent with the Municipal Code regulations governing the parcel. D. No variance shall be granted if the inability to enjoy the privilege enjoyed by other property in the vicinity and under identical zoning classification: 1. Could be avoided by an alternate development plan which would be of less significant impact to the site and adjacent properties than the project requiring a variance; 2. Is self-induced as a result of an action taken by the property owner or the owner's predecessor; 3. Would allow such a degree of variation as to constitute a rezoning or other amendment to the zoning code; 4. Would authorize or legalize the maintenance of any public or private nuisance. Facts: The proposal is for a proposed medical office complex to encroach 12 ft into the required 20 ft exterior side yard TC/8/92161DR.RES (5-25-93) 4 setback prescribed by Sect. 30.20.010 of the Municipal Code, with trellis extensions on the north, south and west elevations 4 ft. beyond the 4 ft. allowed under code. Discussion: Alternative designs are available meeting setback requirements. However, based on evidence presented by the applicant to the Board at hearing, the Board is satisfied that any alternative design approaching allowable floor area ratio and lot coverage limitations would be of an inferior design of more impact to the site and adjoining properties because the building would need to be significantly more massive and could not incorporate design relief necessary to be compatible with a residential area. The need for the variance request is not self-induced since the need for the variance is related to unusual site configuration and location resulting in an abnormally small available building envelope, which is not the result of actions taken by the applicant or the applicant's predecessor. The grant of this variance will not constitute a rezoning or other amendment to the Municipal Code since the need of the variance is due again to unusual circumstances affecting this site. There is no evidence that the grant of this variance would authorize the maintenance of a public or private nuisance. Conclusion: Therefore, the Board finds that there are no alternate development plans available which would be of less impact to the site, the variance is not self-induced, it will not constitute a rezoning or amendment to the Municipal Code, and it will not authorize the maintenance of a public or private nuisance. II. Desiqn Review A. The project design is not inconsistent with the General Plan, a Specific Plan or the provisions of this Code. Facts: With approval of the associated variance request, the project meets all applicable development standards contained in the Municipal Code, contained in Chapt. 30.20 (Commercial Zones) as well as other applicable Municipal Code Requirements. The General Plan and Municipal Code allows for medical office uses in the Office-Professional zone. Discussion: Apart from meeting the required exterior side setback, the subject of the associated variance request, review of the proj ect Fact Summary contained in the staff report for the CAB's initial April 26 meeting indicates that the proposed building would satisfy all technical development standards contained in the Municipal Code including building height, lot coverage, floor area ratio, parking, and site landscaping requirements. No other provisions of the General Plan or Municipal Code have been identified with which this TC/8/92161DR.RES (5-25-93) 5 proposal is inconsistent. Conclusion: The project is consistent with the Municipal Code and the General Plan. There is no applicable Specific Plan. B. The project design is not substantially inconsistent with the City's Design Review Guidelines. Facts: Chapter 23.08 of the Municipal Code contains Design Review Guidelines and regulatory conclusions with which the authorized agency must find the project substantially consistent in order to warrant approval. Discussion: What follows is a brief discussion of project design as it relates to the City's adopted design criteria contained in Chapter 23.08 of the Municipal Code: 1. site design (Section 23.08.074) - There are no significant assets of the property identified, largely due to previous development on the site. There are several mature trees which are proposed to be removed. Grading will occur on the site, as substantial excavation (approx. 11,500 cu. ft.) is required to construct the underground parking garage. However, apparent alteration to the present landform will be minor. No significant views have been identified through the site with which this project would interfere. Pedestrian access from adjoining rights-of-way is separated via sidewalks and separate entry, although walking across drive aisles will be necessary from some of the parking stalls. Based upon review of the revised traffic report from Entranco Federhart dated Dec. 9, 1992, and with incorporation of the restriping of nearby streets (see plat attached to memo from City Traffic Engineer Rob Blough dated Feb. 2, 1993), the project will not adversely effect circulation patterns on adjoining streets. 2. Building design (Section 23.08.076) - The building is designed with two wings of medical offices around a central open atrium. The architectural design of the building emphasizes horizontal planes and is executed consistently among all elevations. Exterior materials are also employed consistently among elevations, consisting of horizontal taupe stained rough TC/8/92161DR.RES (5-25-93) 6 sawn wood fascia elements with gray non-reflective glass windows between. Off-white masonry walls and cedar planters and trellises are also utilized. The building spans 2 lots and is 19,200 sq. ft. in area and is thus significantly larger that any single-family type residential structure(s) in the area, and the building is non-residential in design. Elements of design have been utilized to create a more residential scale and to minimize visual or light impacts to adjoining residential development. The building height is a maximum 24 ft. from a grade which is approx 2 ft. lower than that of the residence to the south, with skylights and elevator well rising in the center of the building an additional maximum 3 ft. The applicant states that there will be no rooftop HVAC or other mechanical equipment on the roof. The height of the building is thus comparable to the height of two-story residential buildings in the area. Increased setbacks and articulation in wall planes has also been utilized on the west elevation to soften the appearance of the building. with regard to visual/noise buffering, the geometry of the building is such that with the occupied portions of the building set back 8 ft. from the projecting cedar fascia/planter elements, and with the 7 ft. masonry wall along the south and east property lines, visual and light intrusion to the home to the south would be prevented or minimized. The 7 ft. masonry walls are also intended to serve as noise buffers. The ventilation system for the underground parking area is proposed to be located on the north side away from residential development. 3. Landscape design (Section 23.08.077) - A 7 ft. high Masonry wall is proposed along the north and east property boundaries, and continues around the north property line to the project driveway, which should largely screen the parking areas from view from the public right-of-way and adjoining properties. Perimeter 15 gallon size tristania trees are proposed at approx. 1 tree per 2 spaces to also provide for buffering. All trees are of a minimum 15 gallon size, with ornamental and specimen trees of 24" box and 36" box sizes respectively, such that. they should achieve a mature appearance within 3 years. 4. Signs (Section 23.08.078) - Project signing is identification sign limited to a on the north 6 sq. ft. center face masonry wall TC/8/92161DR.RES (5-25-93) 7 immediately east of the driveway. The sign consists of 6" blue letters on the off-white wall, lit from beneath by a fluorescent light. Such a sign is in scale with the building, is unobtrusive, and should be visually compatible with the site and surrounding properties. 5. Privacy and Security (Section 23.08.079) - Because of the 8 ft. offset of the occupied area of the building from the wood fascia/planter elements and the perimeter 7 ft. masonry wall, the project should provide for privacy of the neighboring residents. Noise impacts should also be minimized given the presence of the wall and location of ventilation equipment away from residential areas. Conclusion: The project is in substantial conformance with the City's adopted design criteria contained in Chapter 23.08 of the Municipal Code. C. The project would not adversely affect the health, safety, or general welfare of the community. Facts: An Environmental Initial Assessment was performed on the application by Marilyn F. ponseggi and Associates and a Mitigated Negative Declaration recommended, as set forth in the Initial Assessment presented to the Board with the April 26, 1993 staff report. Conclusion: The Board finds that with the Mitigation Measures established and made a part of that approval, the project would result in no significant adverse environmental impacts. All public services and utilities are available to the project. Therefore, the project would not adversely affect the health, safety, or general welfare of the community. D. The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. Facts: The surrounding neighborhood consists of single-family residential uses to the south and west (across Rubenstein) of the site, and a hospital complex across Santa Fe to the north. To the east is a residence on an office zoned site and, further to the east, a professional office complex. Discussion: No aspect of this project has been identified which would cause material depreciation to the appearance or values of the area. While the design of the building is not residential in character, the building is of a height and scale which should not adversely effect the surrounding neighborhood in terms of its appearance of property values. TC/8/92161DR.RES (5-25-93) 8 Conclusion: The design of the project would not detrimentally affect the appearance or values of the surrounding neighborhood. TC/8/92161DR.RES (5-25-93) 9 Applicant: Case No: Subject: Location: I. RESOLUTION NO. C 93-01 CONDITIONS OF APPROVAL ATTACHMENT IIBII Lewis and Lewis Development 92-161 DR/V/EIA 19,200 sq. ft. Medical Office Complex 1205 Rubenstein A. SPECIFIC CONDITIONS B. Prior to permit issuance, the applicant shall execute and record a covenant satisfactory to the Community Development Department setting forth the terms and conditions of this approval. The applicant shall conform with the following mitigation measures, adopted with the certification of the negative declaration in the project in accordance with CEQA to be verified by the Community Development Department prior to final occupancy: Geotechnical 1. A full geotechnical study for this project shall be performed after grading plans become available to determine allowable slope ratio, soil bearing capacity and to provide detailed grading and foundation specifications. The report shall address site preparation, construction of cut and fill slopes (as appropriate), foundation and retaining wall construction, seismic and drainage considerations, etc. The geotechnical study shall specifically address the proposed basement parking. All recommendations from the geotechnical study shall be adhered to and noted on the grading plan prior to issuance of a grading permit. During grading operations, cut slopes shall be observed by an engineering geologist to verify that the geological conditions exposed during grading are similar to those anticipated in Geologic Reconnaissance. TC/03/CRO10-945wp51 (05-21-93-1) CASE NUMBER: 92-161 DRjVjEIA Page 1 of 7 Traffic/circulation 2. Dedicate, widen and improve the abutting portions of Rubenstein Avenue consistent with local street requirements of the City of Encinitas. 3. Participate in any fee programs adopted by the city of Encinitas intended to assist the transportation and circulation system. Human Health II. 4. Laboratory and out-patient surgeries that would result in medical hazardous waste shall be prohibited. STANDARD CONDITIONS B. C. D. E. F. 1. GENERAL CONDITIONS A. This approval will expire in two years, on May 24, 1995, at 5:00 p.m. unless the conditions have been met or an extension has been approved by the Authorized Agency. This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Approval of this request shall not waive compliance with any sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of Building Permit issuance unless specifically waived herein. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance unless specifically waived herein. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. Permits from other agencies will be required as follows: California Coastal Commission TC/03/CRO10-945wp51 (05-21-93-1) CASE NUMBER: 92-161 DR/V/EIA Page 2 of 7 G. Project is approved as modified as evidenced by the plans consisting of 6 sheets including site plans, floor plans, elevations, and landscape plans dated received by the City of. Encinitas on August 25, 1992 and revised site plan dated received May 24, 1993 and signed by a City Official as approved by the Cardiff Community Advisory Board on May 24, 1993 and shall not be altered without Community Development Department review and approval. APPLICANT SHALL CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 2. SITE DEVELOPMENT B. C. 3. A. Trash receptacle shall be enclosed by 6 foot high decorative solid wall with view-obstructing gates. Design and location shall be subject to review approval by the Department of Community Development. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Fees, Drainage Fees and Park Fees. These fees shall be paid prior to Building permit issuance. Any change to the natural drainage or concentration of drainage shall be adequately handled and shall not impact adjacent properties. PARKING AND VEHICULAR ACCESS A. B. Parking lot layout shall meet the standards of the Zoning Ordinance and the off street Parking Design Manua l. Driveways shall meet the standards of the Zoning Ordinance, Publ ic Works Standards, and the Offstreet Parking Design Manual. TCj03/CRO10-945wp51 (05-21-93-1) CASE NUMBER: 92-161 DR/V/EIA Page 3 of 7 4. LANDSCAPING A. A detailed landscape and irrigation plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits. All required plantings and irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. B. APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 5. FIRE A. B. C. D. Prior to delivery of combustible building materials on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. Said access shall be maintained to the satisfaction of the Fire District. All designated emergency access roads shall be posted pursuant to the Fire District standards. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency access shall be provided, maintained free and clear, a minimum of 24 feet wide at all times during construction in accordance with Fire District requirements. Numbers shall be clearly visible from the street fronting the structure. Where structures are located off a roadway on long driveways, a monument shall be placed at the entrance where the driveway intersects the main roadway. Address numbers shall be displayed on this monument. TC/03/CRO10-945wp51 (05-21-93-1) CASE NUMBER: 92-161 DR/V/EIA Page 4 of 7 E. structures shall be protected by automatic fire sprinkler systems. Sprinkler systems shall be installed to the satisfaction of the Encinitas Fire Protection District. F. Prior to final recordation, the applicant shall submit a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the District. APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: All City Codes, regulations, and policies in effect at the time of tentative map approval shall apply. 6. D. E. Gradinq Conditions A. The developer shall obtain a grading permit prior to the commencement of any clear or grading of the site. B. The grading for this project is defined in Chapter 23.24 of the Encinitas Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 23.24 of the Encinitas Municipal Code. C. No grading shall occur outside the limits of the PROJECT unless a letter of permission is obtained from the owners of the affected properties. All newly created slopes within this project shall be no steeper than 2:1. A soils/geological/hydraulic report (as applicable) shall be prepared by a qualified engineer licensed by the State of California to perform such work at first submittal of a grading plan. 7. Drainaqe Conditions A. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion. control measures shall be shown and specified on the TC/03/CRO10-945Wp51 (05-21-93-1) CASE NUMBER: 92-161 DR/V/EIA Page 5 of 7 8. grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the city Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. B. A drainage system capable of handling and disposing of all surface water originating within the subdivision, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the City Engineer to properly handle the drainage. C. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the City Engineer. D. Concentrated flows across driveways and/ or sidewalks shall not be permitted. E. The drainage system shall be designed to ensure that runoff resulting from a 100-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal t or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. A. street Conditions B. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the SITE DEVELOPMENT PLAN. The offer shall be made PRIOR TO ISSUANCE OF ANY BUILDING PERMIT for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 12 feet shall be dedicated by the developer along the subdivision frontage at Santa Fe Avenue based on a center line to right-of-way width of 42 feet and in conformance TC/03jCRO10-945Wp51 (05-21-93-1) CASE NUMBER: 92-161 DRjV/EIA Page 6 of 7 9. with City of Encinitas Standards. The referenced centerline is also the north section line of Section 22, Township 13 South, Range 4 West. The required right-of- way shall be sufficient to construct the improvements shown on the plan submitted by the applicant, and labelled "Santa Fe Avenue/Rubenstein Avenue Long Term." C. Direct access rights for all lots abutting Rubenstein Avenue shall be waived on the building plans. D. Prior to any work being performed in the public right-of- way, a right-of-way construction permit shall be obtained from the City Engineers office and appropriate fees paid, in addition to any other permits required. E. The developer shall obtain the City Engineer's approval of the project improvement plans and enter int a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to occupancy of any building permit for any unit within the project. The improvements are: 'The improvements shown on the plan submitted by the applicant, and labelled "Santa Fe Avenue/Rubenstein Avenue Long term. II Improvements shall meet City of Encini tas Standards for pavement thickness, curb and sidewalk locations, and quality of materials.' F. The developer shall pay a pro-rata share for the installation or modification of the traffic signals at Santa fe Avenue and Devonshire/Rubenstein Intersection prior to building permit issuance. utilities A. B. C. D. The developer shall comply with all the rules, regulations and design requirements of the respective utility agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G. & E., Pacific Telephone, and other applicable authorities. All proposed utilities within the project shall be installed underground including existing utilities unless exempt by the Municipal Code. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. TC/03/CRO10-945Wp51 (05-21-93-1) CASE NUMBER: 92-161 DR/V/EIA Page 7 of 7