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CONSIDERATION OF A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A TWO-STORY DUPLEX AT 1028 NORTH SUTTER STREET ON A PROPERTY LOCATED WITHIN THE MAGNOLIA HISTORIC DISTRICT (APPLICATION NO. P26-0130)
recommended action
RECOMMENDATION
Staff recommends that the Cultural Heritage Board recommend the Community Development Director issue a Certificate of Appropriateness for the construction of a two-story duplex at 1028 North Sutter Street located within the Magnolia Historic District based on the findings and subject to the conditions in the proposed resolution.
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Summary
The property owner Rigoberto Magana has applied for a Certificate of Appropriateness to construct a two-story duplex on a vacant parcel within the Magnolia Historic District located at 1028 North Sutter Street (APN: 139-180-32), which is zoned CO (Commercial, Office) and has a General Plan land use designation of Administrative Professional.
Staff recommends that the Cultural Heritage Board (CHB) adopt a resolution recommending the Community Development Director approve the application and issue a Certificate of Appropriateness.
DISCUSSION
Background
On May 14, 2026, the applicant and property owner Rigoberto Magana submitted an application for an Administrative Use Permit and Certificate of Appropriateness to construct a two-story duplex (the “duplex”) and a detached vertical ADU duplex (the “ADU”) at 1028 North Sutter Street (APN: 139-180-32) on a property zoned CO (Commercial, Office) with a General Plan land use designation of Administrative Professional within the Magnolia Historic District, herein referred to collectively as the “project.” The project site is located within City Council District 5.
A duplex is allowed within the Magnolia Historic District with the approval of an Administrative Use Permit (AUP) per Table 2-4 of the Stockton Municipal Code (SMC). The AUP is not a part of the requested action. If the Certificate of Appropriateness is issued, the AUP will be processed consistent with Chapter 16.168 of the SMC.
A Certificate of Appropriateness is required for any new construction within a Historic Preservation District. Pursuant to SMC Section 16.80.310(C)(3), and to comply with State law, the ADU is exempt from the Certificate of Appropriateness review, but it is required to be consistent with the Citywide Design Guidelines.
The project is located at 1028 North Sutter Street in the middle-block area between East Magnolia Street and East Acacia Street (Attachment A - Location Map and Aerial Photo). The property is located within the Magnolia Historic District (Attachments B - Magnolia District Map and C - Magnolia District Detail). Seven (7) properties on the 1000 block of North Sutter Street adjacent to the site (Table 1) were identified as contributors to the Magnolia Historic Preservation District as designated by the Stockton City Council on July 30, 1984 (Attachment D - Magnolia District indicating contributors). Department of Parks and Recreation (DPR) Forms were completed for the block in 1977. The project site has a recorded demolition permit of a two-story dwelling and garage issued in 1968 and has been vacant since that time.
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1000 Block of North Sutter Street |
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Address |
Location |
Reference |
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1045 N. Sutter St. |
S.W. Corner parcel on E. Magnolia St. and N. Sutter St. |
N.H. Morey House, a single-story Queen Anne with Neo-Classic features. The structure was originally constructed in 1890. (Attachment E) |
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1042 N. Sutter St. |
S.E. Corner parcel on E. Magnolia St. and N. Sutter St. |
Humbert House, a two-story Italianate Box style house with a hipped roof and boxed eaves constructed in 1884. (Attachment F) |
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1023 N. Sutter St. |
The middle-block area between E. Magnolia St. and E. Acacia St. across the street directly adjacent to the project site. |
Italianate cube style with hipped roof and boxed eaves constructed in 1887. (Attachment G) |
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1024 N. Sutter St. |
Parcel directly adjacent to the project site. |
A single-story Victorian Cottage featuring Colonial Revival details constructed in 1903. (Attachment H) |
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1019 N. Sutter St. |
The middle-block area between E. Magnolia St. and E. Acacia St. across the street from the project site. |
A single-story Neoclassic Cottage with a truncated hip roof and a prominent front-facing gable constructed in 1884. (Attachment I) |
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1018-1020 N. Sutter St. |
N.E. corner parcel on E. Acacia St. and N. Sutter St. |
A two-story California bungalow duplex with a wood frame and gable features constructed circa 1914. (Attachment J) |
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405 E. Acacia St. |
S.E. corner parcel on E. Acacia St. and N. Sutter St. |
A single-story vernacular architectural style house conveying a mixture of elements from other architectural styles (Queen Anne, Italianate, Bungalow, Neoclassic). Built in 1884. (Attachment K) |
The structure on 1036 North Sutter Street, adjacent to the north of the project site, is a multi-unit housing building built in 1963 (Attachment L - Photograph). The building design features limited mild midcentury modern aesthetics, but does not contribute to the unique architectural character of the Magnolia Historic Preservation District. The building is not a contributor to the Magnolia Historic Preservation District and will not be considered an exemplary structure.
Project Description
The duplex, as shown in Exhibit 1 of the proposed Resolution, is a vertical duplex featuring three (3) bedroom and one (1) bathroom units. Both units are equally sized at approximately 1,040 square feet (sf) each. The ADU is a detached vertical duplex with the exact same design and layout as the primary duplex structure. Only the primary duplex is subject to the Certificate of Appropriateness.
Pursuant to Stockton Municipal Code (SMC) Section 16.220.060(A)(1)(c), a Certificate of Appropriateness is required for the duplex because it involves new construction within a historic preservation district. An application for a Certificate of Appropriateness was submitted on May 14, 2026, with revised plans submitted on August 31, 2026 (Attachment M - Project Plans and Attachment N - Project Color Elevations). Pursuant to SMC Section 16.80.310(C)(3), an accessory dwelling unit, including exterior alterations to the parcel and/or existing structures and located within the Magnolia Historic District, shall not require a Certificate of Appropriateness as identified in Sections 16.28.060 and 16.220.070, and instead, shall be subject to standards of the Citywide Design Guidelines.
Access
The entryway to the duplex and the ADU is proposed via a new driveway to be constructed on North Sutter Street. No off-street or enclosed/covered parking is proposed as part of this project.
Parking
SMC Table 3-9 (Parking Requirements by Land Use) states off-street parking shall be provided for duplexes at the rate of one covered space per unit, which would require two covered spaces. Under California Assembly Bill 2097 (AB2097) (Government Code Section 65863.2), local jurisdictions are prohibited from imposing or enforcing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within a half mile of high frequency public transit. The Project site is 325 feet from a San Joaquin Regional Transit District stop, which serves the Routes 520 and 720 Bus Rapid Transit line, and, therefore, is exempt the SMC parking requirement.
Architecture
The duplex design represents a Contemporary Vernacular embodying a Minimalist Italianate style, prioritizing a functional layout and straightforward construction standard. The hip roof, symmetrical window grid, horizontal siding and modest porticos are architectural details similar to those exhibited by the duplex at 1042 North Sutter Street. The proposed front door design was more modern compared to the front doors of the surrounding properties. However, the applicant agreed to change the design of the front doors to match the neighboring properties’ aesthetic, and this has been reflected on the proposed plans on page 2 of “Exhibit 2” to the proposed resolution. The Citywide Design Guidelines state that the prevailing architectural styles within the Magnolia District include: Greek Revival cottages, Italianate, Queen Anne, Eastlake, Italian Renaissance, Stick, Shingle, California Bungalow, Spanish Eclectic, Art Deco, Moderne, and Gothic Revival. Although the Magnolia District is typically home to a diverse exhibition of ornate architectural styles, the design of the proposed structures is simple and simultaneously consistent with the boxy Italianate style featured at 1042, 1043 and 1045 North Sutter Street.
Staff Analysis
Stockton Municipal Code Section 16.220.060(G) requires six (6) findings of fact to be made in order for the CHB to recommend approval of the Certificate of Appropriateness. SMC 16.220.060(C)(1)(d) requires the project applicant to provide evidence in support of the City’s required findings, which is shown in italics following each individual finding below:
1. Designate, enhance, preserve, protect, restore, and perpetuate those historic districts, neighborhoods, sites, structures, and zones, which contribute to the aesthetic and cultural benefit of the City.
The project site is located along the eastern edge of the Magnolia Historic District along North Sutter Street. The currently vacant lot gives the impression of urban blight and decay. Development of the lot with new residences in the Minimalistic Italianate cube architectural style will be a positive initial impact to travelers, enhancing the District. The investment in new residences on a long-term vacant lot will help perpetuate the Magnolia District.
2. Encourage public appreciation, knowledge, and understanding of, and a sense of identity with, the City’s past.
The development of this vacant lot at one of the entry points to the Magnolia Historic District along the eastern border will make the District more appealing to the public, will help encourage public appreciation of Stockton’s history, and provide a sense of identity with the City’s history by removing urban blight and replacing it with new homes designed to be consistent with the District.
3. Foster civic and neighborhood pride in the accomplishments and beauty of the past.
The proposed project in the Italianate cube style is consistent with the architectural character of existing residential structures within the Magnolia Historic District, which will foster civic and neighborhood pride in the accomplishment and beauty of the past.
4. Stabilize and improve the economic value of historic districts, neighborhoods, sites, structures, and zones.
The development of this property with a residence in the Italianate cube style will greet travelers with historic looking homes rather than the current vacant lot, which may contribute to the stabilization and improvement of the economic value of adjacent properties by removing blight.
5. Help preserve the diverse architectural design and styles that reflect phases of the City’s history and encourage complementary design and construction.
The new structures are designed as a blend of minimalist Italianate cube and Contemporary architectural style. The Citywide Design Guidelines state that the prevailing architectural styles within the Magnolia District include: Greek Revival cottages, Italianate, Queen Anne, Eastlake, Italian Renaissance, Stick, Shingle, California Bungalow, Spanish Eclectic, Art Deco, Moderne, and Gothic Revival. The design of the project does diversify the architectural design and styles within the Magnolia Historic District and will act to reflect this phase of the City’s history and encourage future infill development within the District to utilize designs that are complementary to the historic residences.
6. Promote and encourage continued private ownership and utilization of structures currently owned and used.
The project promotes and encourages continued private ownership by being funded by a private citizen, as opposed to a corporate entity. Development of the site would complete the residential use of the east side of North Sutter Street between East Magnolia Street and East Acacia Street and would encourage the continued utilization of the existing neighboring residential structures.
Public Comments
Per SMC Section 16.220.060(C)(3) (Noticing), a public notice or hearing shall not be required for the Review Authority’s action on a Certificate of Appropriateness.
The concurrent Administrative Use Permit process will entail a mailed notice to property owners of real property within a radius of 300 feet of the exterior boundaries of the project site per SMC Section 16.88.030(B)(2)(a)(ii).
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15303 (new construction of small structures).
ATTACHMENTS
Attachment A - Location Map and Aerial Photo
Attachment B - Magnolia District
Attachment C - Magnolia District Detail
Attachment D - Magnolia Historic District indicating Contributors
Attachment E -1045 North Sutter Street DPR form and photographs
Attachment F - 1042 North Sutter Street DPR form and photographs
Attachment G - 1023 North Sutter Street DPR form and photographs
Attachment H - 1024 North Sutter Street DPR form and photographs
Attachment I - 1019 North Sutter Street DPR form and photographs
Attachment J - 1018-1020 North Sutter Street DPR form and photographs
Attachment K - 405 East Acacia Street DPR form and photographs
Attachment L - 1036 North Sutter Street Apartments photograph
Attachment M - Project Plans
Attachment N - Project Color Elevations