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EXHIBIT D From: Jamison&Betsv Cummings To: Eric Wchini;Adam Weinstein Subject Re:Zoning Administrator Hearing-5196 Hummingbird Road,Pleasanton Date: Monday,March 16,2015 10:44:29 PM Attachments: imaoe001.nno Eric, I feel like this response is inconsistent with the discussion we had at the hearing. The language of your reply seems like 1 am agreeing to something at our last meeting and that is quite the contrary. I said I would only consider this after reviewing an example of the covenant and discussing it with my wife. The intent of your email closes the hearing and requires me to file a fee to continue this, even though I did not agree? Let me first state that I felt like the tone of both you and Adam was more supportive of Zarina's interests and less supportive of the privacy concerns my wife and I have. She has been very emotional and distressed about this and all of the language in the hearing felt like an attempt to assuage me vs. having and empathy for my concerns. Second, your email only speaks to the privacy of my back yard when in fact, it is the privacy of my BEDROOM that is of primary concern. This is not addressed in the email. I drew a diagram that I felt clearly outlined this, yet I see no mention of this. Your planners cannot truly tell me my privacy is assured based on the placement of one tree. To paraphrase my wife, she is using terms like "feeling like a prisoner in her own home" and other language at the thought of this balcony. This situation is causing distress to my wife and thereby my family life. Third, Adam spoke to the planting of multiple Italian Cypress trees, not a Camphor tree. A Camphor tree sheds berries that extract a toxic oil, attracts large flies and wasps, and also shed. This is not conducive to a family that spends many days of summer by the pool. We bought this house for the pool and must deal with several trees that shed throughout the year. We also abate wasps on our own property as it is. This camphor tree will increase this blight. The toxic oil that the berries extract have a risk of allergic reaction and berries are poisonous if ingested. My wife suffers from multiple allergies and she is allergic to this family of trees. After reading other invasive qualities about roots, berries and the toxic oils of camphor I have determined it is a horrible choice for a tree if a tree was even and option, which it is not. Fourth, using the Mulberry tree as a definition of a tree that blocks privacy as a reason to grant Zarina the permit is unacceptable. The mulberry is dormant in the winter and provides not privacy, also we are considering removing the small bay tree because is drops hard little acorns that hurt bare feet around the pool. This would increase our privacy concerns. Fifth, the conditions of the covenant a to plant a 24" box tree. This means it will take years to grow to an acceptable size because a box size does not specify the height when planted. Sixth, I want to re-emphasize the importance of how my neighbors do not support this as well. My quick survey of neighbors in my petition seems to have not mattered in the decision. Keep in mind, I got these signatures in 15 minutes at 9 pm at night. I am intent to canvas the neighborhood for my support of this, as well as Mayor Jerry Thorn and his wife who live 4 doors down from me. I will gladly bring a whole group of people to a city council meeting to make my point. I would be extremely displeased if I had to do this, but we are a tight knit