DRC_STAFF REPORT_MALEE_SPA_032426.DOCX

PL260052– MALEE SPA 
Page 1
March 24, 2026
STAFF REPORT
MALEE SPA (PL260052)
PROJECT DATA
Project Address
1646 North Scottsdale Road
Property Owner
Yee Holdings Limited Partnership
Applicant
Cifuentes Studio, LLC
Zoning District
CSS (Commercial Shopping and Services)
Gross / Net Site Area
1.4 acres
Total Building Area
10,080 s.f.
Vehicle Parking
114 spaces (4 min. required)
Hours of Operation
10:00 am to 7:00 pm, Sunday through Saturday
COMMENTS:
This site is located at the southwest corner of Scottsdale Road and Cavalier Drive, within the Cavalier 
Plaza, in the CSS, Commercial Shopping and Services zoning district. The subject 992 square foot 
suite is located within the commercial center which includes existing retail, commercial service, and 
restaurant uses. Single-family residential uses zoned R1-6, Single-Family Residential, is across an 
alley adjacent to the west, with commercial uses to the north, south, and east across Scottsdale Road. 
The parcel adjacent to the south is currently used as Motel 6, but is zoned R-4, Multi-Family 
Residential General. Directly to the east, across Scottsdale Road, is zoned MU-4, Mixed-Use, High 
Density, and is currently used as the Tempe Oasis hotel. The subject massage establishment will 
have four private treatment rooms and will have two employees. The applicant states that there may 
be two to three customers receiving service at one time. The business will be open from 10:00 am to 
7:00 pm, Sunday through Saturday.
The applicant has not moved into the suite and is currently waiting for Use Permit approval and 
subsequent building permits.  A massage establishment license must also be approved prior to 
operating the proposed business. Additionally, all massage therapists on site are required to obtain 
State massage therapist licenses prior to operating the proposed business.
The applicant is requesting the Development Review Commission take action on
ZUP260021
Use Permit to allow a massage establishment within the CSS zoning district.
PUBLIC INPUT
Staff received a phone call from a resident concerned that the proposed use at the subject location is 
not appropriate for the area.  No other public comment has been received to date.
POLICE INPUT
The Tempe Police Department will require a background check when the applicant applies for a City 
massage business establishment license. The owner of Malee Spa does not currently have a State 
massage therapist license on record.
  
USE PERMIT 
This request is to allow a massage establishment within the CSS zoning district. The exterior of the 
building is not proposed to be altered.
Section 6-308(E) Approval criteria for Use Permit (in italics): 
1.
Any significant increase in vehicular or pedestrian traffic. The proposed use is consistent with other

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commercial uses, service was the prior use of this suite and there will be no change in parking 
requirements, therefore there should be no significant increases in traffic. The site plan does not 
include any bicycle parking, this is due to the overall plaza not having any bicycle racks. When this 
plaza was constructed in 1977 when bicycle parking was not a requirement.
2.
Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a 
level exceeding that of ambient conditions. The use is similar to or less intense than adjacent uses 
and is not expected to emit odor, dust, gas, vibration, smoke, heat or glare by nature of operations. 
The applicant is making tenant improvements that will create the treatment rooms and office. 
3.
Contribution to the deterioration of the neighborhood or to the downgrading of property values, 
which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or 
conservation as set forth in the city’s adopted plans or General Plan. The business aligns with 
Tempe’s General Plan to foster wellness-oriented business by promoting relaxation and stress 
relief.
4.
Compatibility with existing surrounding structures and uses. The suite is approximately 992 square 
feet in a row of inline tenants. The scale and nature of the business is appropriate for the area and 
should not disrupt the character of the neighborhood.
5.
Adequate control of disruptive behavior both inside and outside the premises which may create a 
nuisance to the surrounding area or general public. The suite is located within an existing shopping 
center, and the proposed use is not anticipated to result in disruptive behavior within or beyond the 
suite in question. A background check will be conducted by the Tempe Police Department prior to 
opening the business.
REASONS FOR APPROVAL:
Based on the information provided by the applicant, the public input received and the above analysis 
staff supports approval of the requested Use Permit. This request meets the required criteria and will 
conform to the conditions.
SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING 
NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE 
DECISION-MAKING BODY. 
CONDITION(S) OF APPROVAL: (Non-standard conditions are identified in bold)
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
1.
The Use Permit is valid only after a Building Permit has been obtained, the required inspections 
have been completed and a Final Inspection has been passed. 
2.
The Use Permit is valid for the plans as submitted within this application. Any additions or 
modifications may be submitted for review during the building plan check process.
3.
Hours of operation shall end no later than 7:00 pm, Sunday through Saturday. 
4.
The Use Permit is valid only upon receiving a valid Massage license with the City of Tempe 
and receiving any necessary permits with the City of Tempe.
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.
This approval for the Use Permit review did not include a comprehensive evaluation of the site for 
code compliance; the scope of approval is for the use permit only. The property owner should be

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aware of all city codes and zoning ordinances applicable to the property including maintenance and 
conformance with the codes. Below is a partial list of references provided to advise the owner of 
pertinent code requirements; this is not an exhaustive list. 
TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any 
application https://library.municode.com/az/tempe/codes/city_code 
ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code 
(ZDC) are not listed as a condition of approval but 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.
BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, 
plumbing or structural tenant improvements that would require a building permit must obtain required 
permits.
LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) 
and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site 
features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not 
create glare and are full-cutoff fixtures. 
https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV
ELOPMENT_CODE_PT4_DEST_CH8_LI Any changes to lighting would require a minor Development 
Plan Review.
SIGNS: Separate plan review process is required for signs in accordance with requirements of ZDC 
Part 4 Chapter 9 (Signs).   Refer to www.tempe.gov/signs. 
USE PERMIT:

Any intensification or expansion of use shall require a new Use Permit. 

The Use Permit approval shall be void if the use is not commenced or if an application for a 
building permit has not been submitted, whichever is applicable, within twelve (12) months after 
the Use Permit is granted or within the time stipulated by the decision-making body.

The Use Permit is valid for MALEE SPA and may be transferable to successors in interest through 
an administrative review with the Community Development Director, or designee. 

All required permits and clearances shall be obtained from the Audit and Licensing Division of the 
City of Tempe prior to the Use Permit becoming effective. 

All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.

If there are any complaints arising from the Use Permit that are verified by a consensus of the 
complaining party and
the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a 
public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation 
of the Use Permit.

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 http://www.tempe.gov/zoning or purchase from Development Services.

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March 24, 2026
POLICE DEPARTMENT SECURITY REQUIREMENTS: 

If the development includes a use listed in City Code Section 26-70(c), the Owner is required to 
prepare a security plan with the Police Department. The architect should be involved to verify any 
modification that would require design revisions. To avoid revisions to permitted construction 
documents, initial meetings with the Police Department regarding the security plan are 
recommended before building permits are issued. At a minimum, the Owner shall contact the 
Police Department to begin security plan process approximately eight weeks prior to receipt of 
certificate of occupancy.
HISTORY & FACTS:
September 15, 1956 The Tempe City Council approved Ordinance No. 261, a request to annex 
approximately 396 acres, including the subject site.
July 14, 1977
The Tempe City Council approved a rezone of the subject parcel from R-4, 
Multi-Family Residence General District, to CCR, Convenience Commercial-
Residence District (subsequently designated as CSS, Commercial Shopping 
and Services).
October 26, 1977
The Tempe Board of Adjustment approved a Use Permit for a restaurant and 
four (4) variances relating to landscaping, parking, and signage. The variance 
for parking allowed a reduction from 121 required to 117 allowed parking 
spaces.
November 2, 1977
The Tempe Design Review Board approved the building elevations, site, and 
landscape plans for Cavalier Plaza located at 1650 North Scottsdale Road in the 
CCR, Convenience Commercial-Residence District. (DR-77.70) 
March 24, 2026
The Development Review Commission is scheduled to hear this request for a 
Use Permit for a massage establishment in the CSS zoning district.  
ZONING AND DEVELOPMENT CODE REFERENCE:
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 6-308, Use Permit