Apelación de la Determinación del Oficial de Construcción Certificado - Carga de Ocupantes para Tian Pickleball Club

REPORT TO THE BUILDING STANDARDS APPEALS BOARD September 15, 2026 FROM: ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department BY: VERONICA CORTEZ, Management Analyst II Planning and Development Department SUBJECT ..Title Appeal of Certified Building Official's Determination — Occupant Load for Tian Pickleball Club ..Body RECOMMENDATION Staff recommends upholding the Certified Building Official’s determination of the occupant load for the Tian Pickleball Club project at 3070 W Shaw Ave. EXECUTIVE SUMMARY The project at 3070 W Shaw Ave. seeks to develop a pickleball facility in an existing building via application B26-07043. The Chief Building Official (CBO) has determined that the occupancy load is set by the total usable square footage and use type of the space, and cannot be further reduced by a voluntary limitation placed by the applicant through an operational statement. The appellant has appealed the decision and seeks to establish that an occupant load of 45 persons should be established for this project. BACKGROUND The applicant has submitted construction documents for a tenant improvement of 32,742 square feet within an existing 36,138-square-foot building classified as M occupancy. The proposed use of the building is a private pickleball with membership capped at 45. The facility will include a pro shop open to members and will have one employee on site during operating hours, which are seven days a week from 5 AM to 11 PM. The scope of work includes demolition of existing nonstructural walls, soffits, portions of the mechanical ducting system, and portions of the electrical system. Accessibility upgrades will be made to the parking lot and building as required. Additional building improvements include door and egress upgrades, room finish updates, and alterations to the existing mechanical ducting and electrical lighting/power systems. The Planning Division approved the proposed land use via Zone Clearance P26-01873. However, Zone Clearances do not provide approval to occupy a building, or an indication that the building or site meets all applicable code requirements, which must be determined by the Building & Safety Division. The Building & Safety Division has determined as follows: A. Occupancy Classification The project is classified under the 2025 California Building Code (CBC) Section 303.4 — Assembly Group A-3, which includes indoor tennis courts without spectator seating. Pickleball courts, not being explicitly listed in the CBC, are classified under the most nearly resembling listed function, consistent with the Building Official's authority under CBC Section 1004.5. B. Occupant Load Calculation Per CBC Section 1004.5 — Areas Without Fixed Seating, the number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.5. The occupant load shall not be less than the number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space. If a proposed use is not specifically identified in Table 1004.5, the Building Official will assign an appropriate use classification by selecting the listed use that most closely matches the intended purpose. The correction list for B26-07043, correction BA.007, directs the applicant to “ Provide or revise occupant load calculations on plans per CBC section 1004 and table 1004.5. Occupancy loads should be based on the use of the area and not the building occupancy. All other areas must have an occupancy load calculated … Reduced occupancy load as specified in the operational statement can only be approved by the building official.” C. Exception Provision CBC Section 1004.5 includes an exception that states “Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load." The applicant sought to invoke this exception by submitting an operational statement limiting the number of occupants to 45 and requested the Building Official’s determination on July 20, 2026. On August 5, 2026, the Building Official determined that an operational statement is insufficient to reduce the code-required occupant load, and that the exception in Section 1004.5 can only be approved based on the design of the space, not a self-imposed operational restriction. The appellant submitted their appeal of this determination on August 18, 2026. ENVIRONMENTAL FINDINGS This is not a project for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE N/A FISCAL IMPACT N/A Attachments Exhibit A - 3070 W Shaw Ave Building Appeal Form Exhibit B - Operational Statement - Tian - Pickleball Club Exhibit C - B26-07043_Tenant Improvement for 3070 W Shaw Avenue_Pickleball Courts Exhibit D - Chapter 10 Means of Egress_ California Building Code 2025 (Vol 1 & 2) Exhibit E - Chapter 3 Occupancy Classification and Use_ California Building Code 2025 (Vol 1 & 2)