CC_APPEAL STAFF REPORT_MASSAGEACESAPPEAL _020526.DOCX

PL250447 – MASSAGE ACES APPEAL 
Page 1
February 5, 2026
STAFF REPORT
MASSAGE ACES APPEAL (PL250447)
PROJECT DATA:
Project Address
1761 East Warner Road, Suite 16
Property Owner
Cobblestone Center LLC
Applicant 
Yinyu Shi 
Appellant 
Matt Smith
Zoning District
PCC-1 (Planned Commercial Center)
Gross / Net Site Area
7.7 acres
Total Building Area
100,725 s.f.
Vehicle Parking
421 spaces (4 min. required)
Bicycle Parking
20 spaces (2 min. required)
Hours of Operation
9:30 a.m. to 9:00 p.m., Daily
*NOTE:  THIS ITEM IS A QUASI-JUDICIAL MATTER.  PRE-MEETING CONTACT WITH THE CITY 
COUNCIL ON QUASI-JUDICIAL MATTERS IS PROHIBITED.  ANY MATERIALS OR 
CONVERSATION CONCERNING THE ITEM SHALL ONLY BE PRESENTED TO THE CITY 
COUNCIL AT THE SCHEDULED PUBLIC HEARING.
COMMENTS:
This site is located at the southwest corner of Warner Road and McClintock Dr, within the Cobblestone 
Center Plaza, in the PCC-1, Planned Commercial Center Neighborhood zoning district. The subject 
Suite 16 is located within the commercial center which includes an existing grocery store, service 
uses, medical uses (veterinary and dental), and restaurant uses. Single-family residences are adjacent 
to the south and west, and commercial uses to the east and north across Warner Road. There are 
existing approved massage establishments on the northwest, northeast, and directly south to the site. 
STAFF ANALYSIS: 
The appellant asserts that the Development Review Commission approval use permit for MASSAGE 
ACES (PL250382) does not satisfy three (3) of the required Use Permit approval criteria. The 
appellant identifies concerns related to approval criteria (c), (d), and (e) as summarized below.
Section 6-308(E) Approval criteria for Use Permit (in italics): 
Criterion (c): Contribution to the deterioration of the neighborhood or to the downgrading of property 
values, which is conflict with the goals, objectives or policies of the city’s adopted plans for General 
Plan;
The appellant contends that the approval did not adequately consider the cumulative impact of 
additional massage establishments within the immediate vicinity of the site. The appellant states that 
there is an existing massage establishment operating on the north side of Warner Road near Massage 
Aces that operated with limited hours and later expanded its hours of operation into the evening. 
According to the appellant, the approval of MASSAGE ACES (PL250382), an additional massage 
establishment, into a larger space than the existing massage establishment; could contribute to 
concentration of similar uses in proximity. The appellant cites a petition expressing opposition signed 
by more than 55 nearby residents as evidence of concerns regarding neighborhood stability and 
character.

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February 5, 2026
Criterion (d): Compatibility with existing surrounding structures and uses; and
The appellant asserts that the proposed use is not compatible with surrounding uses when considered 
in context. The appellant asserts that the presence of an existing massage establishment in the area, 
combined with the approval of the proposed Use Permit, results in an over-concentration of similar 
uses that is inconsistent with the character of the surrounding area.
The appellant also states that the proposed space is larger than the existing massage establishment, 
which, according to the appellant, may result in increased activity, longer hours of operation, and 
additional impacts on nearby residential and commercial properties. The appellant asserts that the 
approval does not sufficiently address all compatibility with surrounding uses will be maintained, 
particularly during late night hours. 
Criterion (e): Adequate control of disruptive behavior both inside and outside the premises, which 
may create a nuisance to the surrounding area or general public.  
The appellant raises concerns that the approval lacks sufficient conditions to ensure adequate control 
of disruptive behavior both inside and outside of the premises. The appellant references an existing 
massage establishment in the area that has expanded its hours overtime, thus increasing late night 
activity.
Ultimately, the appellant asserts that the approval of an additional massage establishment without 
clearly defined operational limits, hours of operation, or mitigation measures may increase the 
likelihood of loitering noise and other disturbances that can create a nuisance for nearby residents. 
The appellant asserts that the absence of enforceable conditions related to hours of operations and 
operational impacts raise concerns regarding the ability to adequately control disruptive behavior.
Existing uses on the site include: retail/restaurant buildings, and commercial uses
The appellant is requesting the City Council take action on 
ZUPA250005 Appeal of the Development Review Commission’s decision to approve a Use Permit for 
a massage establishment.
For further processing, depending on the outcome of this hearing, the applicant would need to obtain a 
Massage Establishment License and applicable building permits for tenant improvements.
PUBLIC INPUT
As of the creation of this report, staff have not received input relating to the appeal.
DEVELOPMENT REVIEW COMMISSION 
The Development Review Commission voted 6-0 on consent to approve a Use Permit to allow a 
massage establishment in the PCC-1, Planned Commercial Center Zoning District. Prior to the 
hearing, staff received eight (8) comments, in opposition, one (1) in favor, and an email from the 
appellant advising of a petition with over 50 signatures in opposition. The email contained a signed 
petition with over 56 signatures from residents of seven (7) Tempe neighborhoods, adjacent to the 
subject project. Prior to the Development Review Commission (DRC) public hearing, all public input 
was provided to the commissioners. During the hearing, there was no request for public comment to 
speak on the item before a motion was made to approve the consent agenda. 
USE PERMIT CRITERIA AND OPTIONS:
Council Options on Appeal

PL250447 – MASSAGE ACES APPEAL 
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February 5, 2026

Approve the appeal of the DRC’s decision (find in favor of the appellant and effectively deny the 
Use Permit which would prevent Massage Aces from operating at this location;

Deny the appeal of the DRC’s decision (find in favor of the DRC, and effectively approve the Use 
Permit; project would move forward to required next steps); 

Deny the appeal of the DRC’s decision, with modified or added conditions (the Council may 
decide that conditions are needed to address any deleterious effects from the proposed use). 
The City Council may choose to keep, modify, or add to any proposed conditions;

Continue to a future date certain, requesting additional information before making a final decision 
on the appeal; or,

Remand back to the DRC for further consideration on the Use Permit issues raised. If this occurs, 
Council should give specific direction to DRC as to why they are sending back for further 
consideration. ZDC § 6-308.
ZDC Appeal Criteria
Section 6-803 A.
1.
The petition for appeals to the City of Tempe shall contain:
a.
The name of the applicant and the city case file number;
b.
The name, address and signature of each petitioner; and
c.
The specific grounds for appeal. The appeal shall be limited to the issue(s) raised in the 
petition.
CODE/ORDINANCE REQUIREMENTS: 
THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE 
PERTINENT TO THIS CASE.  THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN 
OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST.
ZONING AND DEVELOPMENT CODE:

Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition 
of approval but will apply to any application.  To avoid unnecessary review time and reduce the 
potential for multiple plan check submittals, become familiar with the ZDC.  Access the ZDC 
through www.tempe.gov/zoning or purchase from Community Development.
HISTORY & FACTS:
April 3, 1977
The property was annexed into the City of Tempe.
December 9, 2025
The Development Review Commission approved the request for a Use Permit 
to allow a Massage Establishment in the PCC-1 zoning district for MASSAGE 
ACES (PL250382).
February 5, 2026 
City Council is scheduled to hear the appeal of the Development Review 
Commission decision to approve the Use Permit for Massage Aces. 
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 6-308, Use Permit

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February 5, 2026
Section 6-801-803, Appeals