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Record of Proceedings

Fresno Building Standards Appeals Board Meeting: Pickleball Club Occupant Load Appeal (Sept 24, 2026)

City Council & Commissions — Thursday, September 24, 2026
BodyFresno, California
SessionCity Council & Commissions
DateThursday, September 24, 2026
StatusFILED
Video Record
0:00 / 36:03

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:13

Order.

0:16

Roll call.

0:18

City staff, please.

0:23

Board member field.

0:24

Here.

0:25

Board member ransom.

0:27

Board member Mears.

0:29

Here.

0:29

Vice Chair Vincent.

0:33

Chair Golek.

0:34

Present.

0:37

Okay.

0:37

The procedures are for each matter considered by the board.

0:41

There will be uh first to be a staff presentation, followed by a presentation from the project applicant, and then discussions by the board.

0:52

Both staff and the applicant will have the right for rebuttal presentation prior to closing the public hearing.

0:59

Public comments on all matters on the agenda will be taken during agenda item number six.

1:07

All public testimonies will be limited to three minutes per person.

1:12

All public testimony must be presented to the board at the podium.

1:17

The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker.

1:24

The green light will be turned on when the speaker begins.

1:28

The yellow light will come on with a soft bell ring when one minute is remaining.

1:34

And the speaker should be completing the testimony by the time the red light comes on with the final bell, indicating time has expired.

1:44

Any testimony that references races, religion, ethnicity, economic status, national origin, or any other classification protected under the state and the federal law is that there are in a derogatory manner, shall be deemed irrelevant and will not be considered by the board in making its determination.

2:06

In accordance to uh with section 11, Article 2, the appellant and the department will each have 10 minutes to present their position.

2:16

The department shall present first, then the append appellant will present.

2:21

Each party will have three minutes for a rebuttal.

2:25

The department okay will present its rebuttal first, and the appellant may present its rebuttal.

2:34

After the rebuttal board members may ask questions of either party, the board will then close the hearing and discuss the appeal and deliberate the with an appropriate action.

2:46

Now uh let's proceed with the uh approval of the agenda.

2:52

Are there any changes to the agenda so because uh uh what's on the agenda, I'm gonna have to recuse myself.

3:00

Okay.

3:01

Uh Daniel uh Fields will be excusing himself because of the items in the agenda.

3:08

Let that be on record.

3:10

Um are there any other proposed changes to the agenda?

3:14

Gentlemen, Madam Chair, for the uh for the purposes of full disclosure.

3:19

Um I've got known Gerald Mill associates since I was college.

3:24

Went to college together.

3:25

Uh still occasionally meet with them, do work projects with them occasionally.

3:30

I don't feel any problems being uh fair and even with this project due to Gerald's uh nothing to do with Gerald's involvement, but I want to offer it up to the vote, and anybody or in the audience feels that I should recuse myself.

3:44

I will offer that up this time.

3:47

Well, I'm in the same situation as you are, Rick, and I must I also know the so uh but I don't think that I haven't had much contact with them for many years, so therefore I feel that uh I'm okay with it.

4:06

How about you, board members?

4:08

I I tend to agree.

4:09

First of all, I trust Rick's integrity, but second of all, all of us sooner or later are going to bump into someone we do work with that may or may not have an impact on what's going on, and I trust your judgment as to whether you think it was affect you know, different story if you were the engineer of record for the project, completely different story, but but from other than that, I I see no problem with it.

4:37

I agree.

4:39

Okay, so um with that done, I would move to approve the agenda as published.

4:47

Okay, Scott Vincent will move to prove approve the agenda as published.

4:53

I second and uh um Daniel Fields will second all in favor?

5:00

All in favor?

5:01

Aye.

5:02

Aye.

5:03

Aye.

5:07

So anybody opposed?

5:11

None of us are.

5:12

The agenda is approved, and we'll move on to the consent calendar.

5:19

Okay, we have uh we have uh several items in the consent calendar, items 4A and 4B.

5:30

For approvals, is there a motion to approve the consent calendar?

5:34

Move to approve.

5:35

Second.

5:38

Okay.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████61%
Engineering And Infrastructure█████████████████████████████39%
Summary of Proceedings

Fresno Building Standards Appeals Board Meeting: Pickleball Club Occupant Load Appeal (Sept 24, 2026)

Note: The meeting minutes provided list the meeting date as Tuesday, September 15, 2026, at 1:00 PM. The metadata supplied with this summary indicates the meeting occurred on September 24, 2026. This discrepancy is noted for accuracy.

The Building Standards Appeals Board convened to consider one major agenda item: an appeal of the certified building official's determination regarding occupant load for a proposed private pickleball club at 3070 West Shaw Avenue in Fresno. The meeting included a roll call, agenda approval with a recusal, consent calendar approval, and a public hearing on the appeal. The board ultimately voted to uphold the building official's determination.

Consent Calendar

  • ID 26-1210 – Approval of the August 18, 2026 Building Standards Appeals Board Regular Meeting Minutes
  • ID 26-1218 – Approval of the September 1, 2026 Building Standards Appeals Board Regular Meeting Minutes
  • Both items were approved unanimously (5-0).

Public Comments & Testimony

  • No members of the public provided oral comment.

Discussion Items

  • Appeal of Certified Building Official's Determination – Occupant Load for Tian Pickleball Club (ID 26-1242)
    • Background: The project is a tenant improvement of a 32,742 sq. ft. space within a 36,138 sq. ft. building, proposing a private pickleball club with a pro shop and one employee on site during operating hours (5 a.m. to 11 p.m., seven days a week). The occupancy classification is Assembly Group A-3 under the 2025 California Building Code.
    • Appellant's Position (Adam Stevenson, GMA Engineers and Architects): The appellant argued that the occupant load should be capped at 45 persons based on an operational statement limiting club membership to 45 members. They contended that pickleball courts by nature only support a limited number of occupants (two to four per court) and that even under a calculated occupant load of 587 using code factors, the building meets life safety and egress requirements. The primary concern was relief from providing unnecessary plumbing fixtures.
    • Staff & Building Official's Position (Ashley Atkinson, Assistant Director for Planning and Development): Staff and the building official determined that the operational statement did not satisfy CBC Section 1004.5 exception, which requires occupant load to be based on the design of the space, not on voluntary operational restrictions. Staff recommended upholding the determination and requiring the applicant to provide occupant load calculations based on the space design.
    • Board Discussion: Board members raised several concerns: the enforceability of a 45-member cap, the adequacy of existing restroom facilities (two toilets and a urinal for men; two toilets and two lavs for women) for potential higher occupancy, the possibility of guest attendance, and the financial viability of a club limited to 45 members in a 36,000 sq. ft. space (estimated monthly dues over $800 per person). Board Member Ransom noted the lack of evidence that courts were designed for only two players; all floor plan courts appeared identical. Board Member Vincent questioned whether the board could direct a revised calculation using four persons per court, but staff clarified the board's options were limited to either upholding the building official or approving the 45-person cap based on the operational statement.
    • Decision: Board Member Ransom moved to uphold the building official's determination that the operational statement does not adequately address the occupant load. Vice Chair Vincent seconded. The motion carried 5-0 (with Board Member Field recused).

Key Outcomes

  • Vote: The board voted 5-0 to uphold the certified building official's determination denying the appellant's request to cap the occupant load at 45 persons based on the operational statement.
  • Effect: The appellant must provide occupant load calculations per CBC Section 1004.5 based on the design of the space, not the operational cap. The building official's correction notice remains in effect.
  • Adjournment: The meeting was adjourned at 1:40 p.m.

Meeting Transcript

Order. Roll call. City staff, please. Board member field. Here. Board member ransom. Board member Mears. Here. Vice Chair Vincent. Chair Golek. Present. Okay. The procedures are for each matter considered by the board. There will be uh first to be a staff presentation, followed by a presentation from the project applicant, and then discussions by the board. Both staff and the applicant will have the right for rebuttal presentation prior to closing the public hearing. Public comments on all matters on the agenda will be taken during agenda item number six. All public testimonies will be limited to three minutes per person. All public testimony must be presented to the board at the podium. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light will be turned on when the speaker begins. The yellow light will come on with a soft bell ring when one minute is remaining. And the speaker should be completing the testimony by the time the red light comes on with the final bell, indicating time has expired. Any testimony that references races, religion, ethnicity, economic status, national origin, or any other classification protected under the state and the federal law is that there are in a derogatory manner, shall be deemed irrelevant and will not be considered by the board in making its determination. In accordance to uh with section 11, Article 2, the appellant and the department will each have 10 minutes to present their position. The department shall present first, then the append appellant will present. Each party will have three minutes for a rebuttal. The department okay will present its rebuttal first, and the appellant may present its rebuttal. After the rebuttal board members may ask questions of either party, the board will then close the hearing and discuss the appeal and deliberate the with an appropriate action. Now uh let's proceed with the uh approval of the agenda. Are there any changes to the agenda so because uh uh what's on the agenda, I'm gonna have to recuse myself. Okay. Uh Daniel uh Fields will be excusing himself because of the items in the agenda. Let that be on record. Um are there any other proposed changes to the agenda? Gentlemen, Madam Chair, for the uh for the purposes of full disclosure. Um I've got known Gerald Mill associates since I was college. Went to college together. Uh still occasionally meet with them, do work projects with them occasionally. I don't feel any problems being uh fair and even with this project due to Gerald's uh nothing to do with Gerald's involvement, but I want to offer it up to the vote, and anybody or in the audience feels that I should recuse myself. I will offer that up this time. Well, I'm in the same situation as you are, Rick, and I must I also know the so uh but I don't think that I haven't had much contact with them for many years, so therefore I feel that uh I'm okay with it. How about you, board members? I I tend to agree. First of all, I trust Rick's integrity, but second of all, all of us sooner or later are going to bump into someone we do work with that may or may not have an impact on what's going on, and I trust your judgment as to whether you think it was affect you know, different story if you were the engineer of record for the project, completely different story, but but from other than that, I I see no problem with it. I agree. Okay, so um with that done, I would move to approve the agenda as published. Okay, Scott Vincent will move to prove approve the agenda as published. I second and uh um Daniel Fields will second all in favor? All in favor? Aye.

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