CC_APPEAL STAFF REPORT_MASSAGEACESAPPEAL _032626.DOCX

PL250447 – MASSAGE ACES APPEAL 
Page 1
March 26, 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 of 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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March 26, 2026
There are no separation requirements for massage establishments in the Zoning and Development 
Code. The use is allowed with a Use Permit regardless of the number or location of similar uses in the 
area.
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. 
In review of the surrounding area, the presence of existing similar uses provides justification for 
compatibility with surrounding uses.  The hours of operation are specified by the applicant of each 
business and are conditioned as part of the approval process; expansion of the hours or the size of 
the suite would constitute an expansion of use and require a return to the decision-making body for a 
new Use Permit pursuant to Section 6-308.I.1. 
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.
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 without adequate control of disruptive behavior would create a nuisance 
for nearby residents. 
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 comments, in opposition, one in favor, and an email from the appellant

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March 26, 2026
advising of a petition with over 50 signatures in opposition. The email contained a signed petition with 
over 56 signatures from residents of seven 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

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; Massage Aces would then 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.
ORIGINAL 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. As part of the Building Permit 
process, on-site storm water retention may be required to be verified or accomplished on this Site. 
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 to end no later than 9:00 p.m. on a daily basis, Sunday through Saturday. 
4.
The Use Permit is valid for MASSAGE ACES and may be transferable to successors in interest 
through an administrative review with the Community Development Director, or designee.

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March 26, 2026
5.
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. 
6.
All required Federal, State, County, and Municipal permits, licenses, and clearances shall be 
obtained, or the Use Permit is void.
7.
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.
8.
An application for an updated Shared Parking Model must be submitted, within 90 calendar 
days of the Use Permit approval. An applications must be made to Community 
Development by visiting www.tempe.gov/planning. 
ADDED CONDITIONS OF APPROVAL: 
EACH NUMBERED ITEM IS A CONDITION OF APPROVAL.  THE DECISION-MAKING BODY MAY MODIFY, DELETE OR 
ADD TO THESE CONDITIONS.  
9.
Return to the appropriate decision-making body for review of compliance with conditions of 
approval within six (6) months. The timing for the six-month review period to commence 
begins when the business is in full operation.  Advise Community Development staff when 
in full business operation.
10. Storefront windows shall provide transparent glazingto allow surveillance into the structure  
and from the front reception lobby area. Only clear or lightly tinted glass with up to fifty 
percent (50%) transparency for windows, doors, and display windows shall be considered 
transparent. Opaque, etched, frosted or mirrored glass is not transparent.
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 continued the appeal of the Development Review Commission 
approval for MASSAGE ACES (PL250382). 
March 26, 2026 
City Council is scheduled to hear the continuance of the appeal of the

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March 26, 2026
MASSAGE ACES (PL250382) Use Permit approval   
ZONING AND DEVELOPMENT CODE REFERENCE: 
Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts
Section 6-308, Use Permit
Section 6-801-803, Appeals