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PC RES 2014-014 P.C. RESOLUTION NO. 2014-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING, A CONDITIONAL USE PERMIT REVISION, MAJOR GRADING PERMIT AND MINOR EXCEPTION PERMIT FOR THE CONSTRUCTION OF A NEW 7,632FT2 SPLIT-STORY RESIDENCE, A 837FT2 DETACHED GARAGE, 1,995YD3 OF RELATED GRADING, RETAINING WALLS UP TO 16,5' IN HEIGHT AND 6' TALL ENTRY FENCING/GATES WITHIN THE FRONT YARD SETBACK OF A VACANT PROPERTY AT 2902 VISTA DEL MAR. WHEREAS, on July 12, 1977, the Planning Commission approved Conditional Use Permit No. 23, establishing a residential planned development (RPD) comprising of Tract Nos. 32574, 32991 and 34834; and, WHEREAS, on September 9, 1986, the Planning Commission adopted the Seacliff Hills Development Guidelines in recognition of the need for greater sensitivity and design flexibility in the construction of these custom homes. The Guidelines were supplemented on August 23, 1989; and, WHEREAS, on November 25, 2008, the Planning Commission adopted P.C. Resolution No. 2008-48, approving a tract amendment for the adjustment of a "Restricted Use Area" and a Conditional Use Permit Revision (CUP) and Grading Permit (GR) for a new 9,225ft2, two-story, single-family residence with 2,000yd3 of grading for the property located at 2902 Vista Del Mar; and, WHEREAS, the applicant (Mr. DiDominicantonio) submitted plans for plan check review, which expired on November 2010 due to inactivity; and, WHEREAS, on February 14, 2013, a different property owner with the same previous architect (AGA Design Group representing Jia Zhang) submitted a new CUP Revision, GR and MEP applications, requesting approval for a new 10,656ft2, two-story, single-family residence, 852ft2 detached garage, 178ft2 detached pool restroom, a swimming pool, construction of walls and entry gate with 5,312yd3 of related grading for the subject property; and, WHEREAS, on November 12, 2013, the Planning Commission adopted P.C. Resolution No. 2013-25, denying, without prejudice, a CUP revision, GR, and Minor Exception Permit (MEP) for a new 8,856ft2 split-story residence, 948ft2 detached garage, 178ft2 accessory structure and 2,990yd3 of related grading for the property located at 2902 Vista Del Mar; and, WHEREAS, the applicant submitted a timely appeal and appealed the Planning Commission's decision to the City Council, requesting that a revised proposal be referred back to the Planning Commission for review; and, WHEREAS, on February 18, 2014, the City Council granted the appeal, thereby referring the matter back to the Planning Commission for review with the direction that the project be scaled down; and, WHEREAS, a notice was published on March 6, 2014, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, P.C. Resolution No. 2014-14 Page 1 of 11 WHEREAS, on March 8, 2014, the Planning Commission granted the applicant's request and continued the public hearing to April 8, 2014, allowing the applicant additional time to address inconsistencies between the architectural and grading plans; and, WHEREAS, on April 8, 2014, the Planning Commission granted the applicant's request and continued the public hearing to April 22, 2014, allowing the applicant additional time to further revise the plans; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the Planning Commission found no evidence that Case No. ZON2013-00063 will have a significant effect on the environment and, therefore, the proposed project has been found to be categorically exempt under Class 3 (Section 15303); and, WHEREAS, on April 22, 2014, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The proposed project is a request for the following: A. 1,995yd3 of grading (565yd3 within the footprint and 1,430yd3 outside of the footprint) and retaining walls up to 16.5' in height; B. Construction of a new 7,407ft2 split-story residence (3,319ft2 upper floor, 4,088ft2 lower floor and a 225ft2 utility room below grade) and a detached 837ft2 three-car garage; C. Installation of 6' tall entry gates/fencing within the front yard setback, where the Code restricts the height to 3.5' maximum. Section 2: Approval of a Conditional Use Permit Revision is warranted because: A. The site is adequate in size and shape to accommodate the proposed use and for all of the yards, setbacks, walls, fences, landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. More specifically, pursuant to CUP 23, this lot was originally approved for a 4,000ft2, multi-level single-family residence resulting in 9.5% lot coverage. In 2008, the Planning Commission granted a CUP revision, approving a 8,369ft2 two-story residence, a 836ft2 detached garage and swimming pool, resulting in 28% lot coverage (30% max. allowed). The pending request is for a smaller 7,407ft2 split-story home, an 837ft2 detached garage, resulting in a lot coverage of 31.8%. While the maximum allowed lot coverage for a downslope lot is 30%, deviations were granted to four of the seven existing neighboring properties, allowing lot coverage to be exceeded by 4% to 13%. Lot coverage accounts for any area altered not returned to its existing condition. The excess in lot coverage is primarily due to the re-contouring of the rear slope. The re-contouring of the rear slope will blend in the proposed improvements P.C. Resolution No. 2014-14 Page 2 of 11 with the remaining hillside while minimizing the need for additional retaining walls and therefore the 1.8%excess in lot coverage is minimal. B. The site for the proposed use relates to streets and highways sufficient to carry the type and quantity of traffic generated by the subject use. More specifically, the subject property is served by an existing public street (Vista Del Mar) that serves all eleven lots and connects to Palos Verdes Drive East. The proposed project will not alter the nature of traffic generated by the lot as compared to the originally-approved residence. C. In approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof. More specifically, the subject property is located adjacent to the City-owned "San Ramon Ecological Reserve" (formerly referred to as the "switchback" parcel) that is part of the City's greater Palos Verdes Nature (NCCP) preserve. The applicant prepared a biological survey of the site to identify the presence of any existing sensitive plant or animal species, and to determine if the project would have direct or indirect effects upon habitat areas within the NCCP preserve. The biological survey found that the project would result in no direct or indirect impacts to habitat on site or in the adjacent NCCP preserve. D. The proposed use is not contrary to the General Plan. More specifically, the General Plan land use designation for the subject property is Residential, <1 du/acre. The development and improvement of single-family residences are among the primary permitted uses within this land use designation. This is also reflected in Housing Activity Policy No. 3 of the General Plan (p. 78), which calls upon the City to "[encourage] and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum local standards of housing quality and design." E. The proposed use complies with all applicable requirements of the overlay control districts. More specifically, the subject property and all other properties on Vista Del Mar are subject to the Natural (OC-1) and Urban Appearance (OC-3) overlay control districts. More specifically, with the exception of lot coverage, the project will not propose any activities that are contrary to the provisions of the OC-1 District. The OC-1 performance criteria recommend no more than 10% coverage, while CUP 23 allows 30% coverage on downslope lots such as the subject property, and the project proposes 31.8% coverage. None of the existing properties in the immediate neighborhood are consistent with this performance criterion and four of the seven existing developments were granted approval to increase the allowed lot coverage. The excess in lot coverage is primarily to re-contour the rear slope area to blend in the proposed development with the remainder of the hillside. Additionally, all proposed improvements will be tucked into the existing slope and located substantially lower than the street level (Vista Del Mar). As such, no major views, vistas or viewsheds identified in the General Plan would be impacted by the proposed project since none of the improvements will be visible from the street of access and ancillary retaining walls will be adequately screened from Palos Verdes Drive South and therefore consistent with OC-3 District. F. Conditions regarding any of the requirements listed above which the Planning Commission finds to be necessary to protect the health, safety and general welfare, have been imposed in the attached Exhibit A. P.C. Resolution No. 2014-14 Page 3 of 11 Section 2: Approval of a Major Grading Permit is warranted because: A. The grading does not exceed that which is necessary for the permitted primary use of the lot. The primary use of the subject lot is residential as identified in the City's General Plan and Zoning map. The proposed grading is to accommodate the development of a new single-family residence, accessory structures and vehicle access. More specifically, the grading will allow for the proposed development to be built into the descending hillside that steps with the topography of the parcel. Additionally, the proposed grading will allow for the proposed improvements to be located substantially lower than the street of access, most of which will not be readily visible. B. The proposed grading and/or related construction does not significantly adversely affect the visual relationships with, nor the views from the viewing area of neighboring properties. The proposed grading is for a new residence within the City's permitted height requirements of 16730'. Additionally, the new residence and garage will be tucked into the existing slope, thereby, lowering the building footprint. The ridgeline of the detached garage will be approximately 6.9' above the existing grade and 1.6' below the street elevation, while the ridgeline of the residence will be 14.5' above the existing grade and 13.5' below the street elevation, given the down sloping topography of the site. As a result, no improvements will be visible from Vista Del Mar and will not significantly affect views from neighboring properties. C. The nature of the grading minimizes disturbance to the natural contours and finished contours are reasonably natural. The existing "natural" contours of the project site are largely the result of past grading for the development of the Seacliff Hills neighborhood and the construction of the existing street by the developer, and past grading to accommodate the Palos Verdes Drive East roadway below. The areas beyond the retaining walls to accommodate the building footprints of the primary and accessory structures and access from Vista Del Mar will not be altered. However, a portion of the descending slope in the rear yard will be re-contoured to blend it with the new structure and minimize the need for retaining walls facing PVDS. As a result of the re-contouring, the hill-side appearance will be maintained. D. The grading takes into account the preservation of natural topographic features and appearances by means of land sculpturing so as to blend any man-made or manufactured slope into the natural topography. The existing "natural" contours of the project site are largely the result of tract grading in the past. There are no significant natural topographic features that would be disturbed by the proposed grading. E. The grading and/or related construction is compatible with the immediate neighborhood character. More specifically, the immediate neighborhood is comprised of 2- and 3-story split-level residences, ranging in size from 5,286ft2 to 7,875ft2, with an average structure size of 6,751ft2. The proposed 8,469ft2, 2-story split-level residence (including the garage) will not be readily apparent from the public street or neighboring properties, as the proposed improvement will be tucked into the descending slope, substantially lower than the street elevation and within the by-right height envelope of 16730'. Additionally, the small utility room will be entirely below grade and will not be visible from any surrounding private or public properties and right-of-ways. Also, the proposed fagades incorporate a variety of finish materials and elements that enhance the general articulation of the facades and further reduce their apparent bulk and mass. Furthermore, since the existing neighborhood comprises homes exhibiting a wide range P.C. Resolution No. 2014-14 Page 4 of 11 of contemporary architectural styles and exterior finishes, with no single predominant style, any architectural style would blend in with the neighborhood and would not appear out of character. Therefore, the proposed style of the residence contributes positively to the diversity of styles in the immediate neighborhood. Moreover, the proposed setbacks and open space is consistent with the existing pattern of development in the neighborhood. F. The grading is not within a new residential tract, as it was established in 1977. G. The grading utilizes street designs and improvements which serve to minimize grading alternatives and harmonize with the natural contours and character of the hillside because no modifications are proposed to streets or other public infrastructure. H. The grading would not cause excessive and unnecessary disturbance of the natural landscape or wildlife habitat through removal of vegetation because there are none on the property. I. The grading conforms to grading standards related to maximum finished slopes, restricted grading areas and driveways. Deviations to maximum depth of cut or fill in excess of 5' are warranted given the existing topography of the site. More specifically, the existing hillside is a result of the original tract grading and to place improvements within the slope to lower the finished grade elevation helps eliminate any potential for view impairment from the viewing areas of other properties and screens the entire structure from Vista Del Mar. Additionally, re-contouring the rear slope area minimizes the need for additional retaining walls facing Palos Verdes Drive South, while maintaining the hillside character. Furthermore, similar deviations were granted for neighboring properties with similar topographical configurations for the development of their sites. J. Deviations to maximum heights of retaining walls are warranted as they are necessary to accommodate the primary and ancillary residential development and access below existing grade, similar to what was allowed for the development of neighboring topographically comparable properties. Without the proposed retaining walls, the proposed improvements would be set higher on the property, which would make it readily visible and potentially impair views. Since the proposed improvements will be tucked into the slope and the retaining walls will hold up the slope around the perimeter of said improvements, the retaining walls will primarily only be visible to the occupants of the property. The portions visible from the abutting neighbor's property and the public right-of-way will be adequately screened with landscaping. Section 3: Approval of a Minor Exception Permit is warranted by practical difficulties. An entry gate/fencing along the front property line is necessary to adequately secure the site and protect the public from accessing the property. Normally on a flat lot, a 3.5' barrier may visually deter the public from accessing the property and there is no safety hazard if one decides to hop over the fence. However, the subject lot descends from the street all the way down the lot. Additionally, three other properties (2950, 2923, 2903 Vista Del Mar) were granted approvals for similar barriers in the front yard for the same reasons. Section 4: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within P.C. Resolution No. 2014-14 Page 5 of 11 fifteen (15) calendar days of the date of this decision, or by 5:30 PM on Wednesday, May 7, 2014. A $2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 PM on May 7, 2014. Section 5: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby conditionally approves, a Conditional Use Permit Revision, Major Grading Permit and Minor Exception Permit applications for the property located at 2902 Vista Del Mar (Case No. ZON2013-00063). PASSED, APPROVED AND ADOPTED this 22"d day of April 2014, by the following vote: AYES: Commissiondrs Cruikshank, Emenhiser, Gerstner, James, Vice Chairman Nelson, Chairman Leon NOES: None ABSTENTIONS: None RECUSALS: None ABSENT: Commissioner Tomblin Gordon Leon Chairman Joel RoAAMCP Comm nity Develo nt Director; and, Secreta f the Planning Commission P.C. Resolution No. 2014-14 Page 6 of 11 Exhibit "A" Conditions of Approval Case No. ZON2013-00063 (2902 Vista Del Mar) General Conditions: 1. Prior to the submittal of plans into Building and Safety plan check, the applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide said written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the applicant shall obtain an encroachment permit from the Director of Public Works. 3. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 4. The Community Development Director is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Otherwise, any substantive change to the project shall require approval of a revision by the final body that approved the original project, which may require new and separate environmental review. 5. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the RS-1 residential development standards and the OC-1/OC-3 overlay control district performance criteria of the City's Municipal Code and the Seacliff Hills Development guidelines. 6. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the City's Municipal Code. 7. If the applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the City's Municipal Code within one year of the final effective date of this Resolution, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 8. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 9. The construction site and adjacent public and private properties and streets shall be kept free of all loose materials resembling trash and debris in excess of that material used for P.C. Resolution No. 2014-14 Page 7 of 11 immediate construction purposes. Such excess material may include, but not be limited to: the accumulation of debris, garbage, lumber, scrap metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded furniture, appliances or other household fixtures. 10. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:OOAM to 5:OOPM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights- of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 11. All grading, landscaping and construction activities shall exercise effective dust control techniques, either through screening and/or watering. 12. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 13. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this Resolution. Project Specific Conditions: 14. The approved new 7,632ft2 split-story residence consists of a 3,319ft2 upper floor, 4,088ft2 lower floor, 225ft2 below-grade utility room and an 837ft2 detached garage. BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to building permit final. 15. Unless modified by the approval of future planning applications, the approved residence shall maintain the following setbacks: Front yard setback—25' average/20' minimum Interior side yard setbacks— 10' minimum per side /25' minimal total of both sides Rear yard setback—25' average/20' minimum BUILDING SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil engineer prior to foundation forms inspection. 16. The maximum ridgeline of the approved residence is 855'. BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed land surveyor or civil P.C. Resolution No. 2014-14 Page 8 of 11 engineer prior to roof sheathing inspection. Additionally, prior to the framing of walls, a FINISHED FLOOR ELEVATION CERTIFICATION shall be provided by a licensed land surveyor or civil engineer, showing the Finished Lower Floor Elevation at 826.5'. The maximum ridgeline of the detached garage is 866.8' with the finished slab elevation of 850.25'. RIDGEHEIGHT CERTIFICATION IS REQUIRED PRIOR TO BUILDING PERMIT FINAL. 17. A minimum 3-car garage shall be provided and maintained, and a minimum of three unenclosed parking spaces shall be provided and maintained. An enclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth, with a minimum of 7' of vertical clearance over the space. An unenclosed parking space shall have an unobstructed ground space of no less than 9' in width by 20' in depth. 18. Unless modified by the approval of future planning applications, the approved project shall maintain a maximum of 31.8% lot coverage. 19. Maximum hardscape coverage within the 20-foot front-yard setback area shall not exceed 50%. 20. The approved grading is for 1,995yd3 of grading (565yd3 within the building footprint and 1,430yd3 outside of the building footprint) with retaining walls measuring up to 16.5' in height. ROUGH AND FINAL GRADE CERTIFICATION REQUIRED PRIOR TO BUILDING PERMIT FINAL. 21. The approved retaining walls include the following: a. The outer sides of the retaining walls along both sides of the proposed driveway follow the existing grade, while ranging in height up to 7.9' maximum, as measured from the lowered driveway slab. b. The outer side of the retaining wall in front of the residence that wraps around along the east side of the residence measures approximately 1.5' to 7.5' maximum above the existing grade while the inside of the same wall measures 8' to 16.5' maximum along the structure. The outer side of this retaining wall facing west to the abutting neighbor shall be adequately screened and maintained with landscaping and included as part of the landscaping plan. c. The outer side of the retaining wall along the west side of the residence facing an existing abutting neighbor measures approximately 5' to 9.5' maximum, while the inside of the same wall measures 3.8' to 16' maximum along the structure. The outer side of this retaining wall facing east shall be adequately screened and maintained with landscaping and included as part of the landscaping plan. 22. A landscaping plan shall be submitted for review and approval by the Community Development Director prior to Building Permit issuance. The criteria for the landscaping plan includes: screen buildings from PVDS; soften architectural features; improve transition between open space and buildings; slope stabilization; and drought tolerant plantings. P.C. Resolution No. 2014-14 Page 9 of 11 23. Haul routes to transport soil shall be approved by the Public Works Division. 24. Driveways shall be a minimum width of 10'. A paved 25' turning radius shall be provided between the garage or other parking area and the street of access. Driveways shall take into account the driveway standards required by the department of Public Works for driveway entrances located in the public right-of-way. Maximum slope of the driveway shall not exceed 20%. 25. An 18" wide landscaped area between the side property line and the driveway shall be maintained. 26. New slopes shall not exceed 67% adjacent to the driveway and 35% elsewhere on the property. 27. Exterior residential lighting shall be in compliance with the standards of Section 17.56.030 of the Rancho Palos Verdes Development Code. No outdoor lighting is permitted where the light source is directed toward or results in direct illumination of a parcel of property or properties other than that upon which such light source is physically located. 28. The approved entry gate/fencing within the 20' front yard setback shall be allowed up to 6' in total height. 29. The proposed chimney may project a maximum of 2' into any required setback, and shall not exceed the minimum height required for compliance with the Uniform Building Code. 30. All utility lines installed to service the building shall be placed underground from an existing power pole or other point of connection off-site prior to certificate of occupancy. 31. Approval of NPDES and Geotechnical review is required PRIOR TO ISSUANCE OF A GRADING OR BUILDING PERMIT from the Building & Safety Division. 32. PRIOR TO BUILDING PERMIT FINAL, the property owner shall either submit a letter from the Los Angeles County Fire Department indicating that no brush clearance is necessary within the City-owned abutting Preserve property as a result of the new residence or request the City to perform any brush clearance mandated by the Los Angeles County Fire Department within the City's NCCP preserve area. The property owner shall be responsible for the cost of the initial brush clearance and any subsequent maintenance clearing performed by the City. In addition, prior to performing any initial brush clearance in the Preserve, the subject property owner shall conduct a biological survey to determine if there is any Coastal Sage Scrub (CSS) or other special status plans as defined by the City's NCCP, within the area that must be cleared. Since CSS is the habitat of the federally listed California gnatcatcher, according to the City's NCCP, any loss of CSS habitat resulting from the required brush clearance is required to be mitigated at a 3:1 ratio. Such mitigation may be provided by actual re-vegetation and a five-year maintenance plan to ensure the new habitat properly establishes, or by the payment of a mitigation fee that is applied towards on-going CSS re-vegetation projects undertaken by the City within the City's habitat preserve. The fee is based on a $25,000 per acre re-vegetation cost applied to the total amount of mitigation needed, as identified in the City's NCCP. P.C. Resolution No. 2014.-14 Page 10 of 11 33. Any future pool, spa, or pool equipment within the approved re-contoured/grading area on the rear slope and a lift/elevator within the approved paved area between the motor court and residence, shall not require a Conditional Use Permit revision. Instead, a Site Plan Review application with applicable Grading Permits shall be applied at Staff or Director level. P.C. Resolution No. 2014-14 Page 11 of 11