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Resident says pickleball conversion bypassed planning hearing; files appeal
Summary
At the meeting’s oral‑communications period, resident Miriam Babaki said a homeowners association converted tennis courts to pickleball without a vote and that planning staff issued a substantial‑conformance determination that bypassed a major use permit hearing; she said neighbors were not notified and said she will appeal.
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During oral communications, Miriam Babaki identified herself as a long‑time Encinitas resident and told the Planning Commission that her neighborhood association converted community tennis courts to pickleball without a recorded vote and without considering neighbors’ complaints over several years.
Babaki said she and neighbors had repeatedly contacted planning staff and code enforcement about noise and nuisance impacts and had been told they would have an opportunity to speak at a major use permit hearing. She said the association nonetheless converted the courts and that planning staff recently issued a "substantial conformance" determination and declined to hold the promised hearing, leaving nearby residents unaware. "We were kept completely out of the process and not even notified," Babaki said, and asked the Commission for help; she also announced she would file an appeal.
Chair Dalton responded that the Commission could not deliberate on items not on the posted agenda that night but acknowledged the complaint and reminded Babaki that public notices for planning commission hearings are posted on the city website and that residents may sign up for email notifications from Development Services. Staff confirmed interested residents can sign up for agenda emails and suggested code‑enforcement avenues if the matter is already under review.
What happens next: Babaki said she will file a formal appeal. Because the matter was raised during oral communications rather than as an agendized appeal item, the Commission did not take action at the meeting. Staff indicated the usual notice and appeal procedures would apply.
Quote: "The hearing for a major use permit change was bypassed and substantial conformance was issued and we were kept completely out of the process and not even notified," Babaki said.

