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Home My WebLink AboutPA2022-060_20220802_ZA Memo LetterCommunity Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL August 2, 2022 Rolando Serrano 1041 W. 18th St., Suite A-208 Costa Mesa, CA 92627 serranoarch11@gmail.com Subject: Coastal Development Permit No. CD2022-021 2124 Santiago Drive (PA2022-060) Welsh Residence Dear Mr. Serrano, Please be advised that the subject application was removed from the Zoning Administrator calendar on August 2, 2022. A new public notice will be prepared for a future Zoning Administrator meeting if a valid application with the owner’s affidavit is provided. If you have any questions, please do not hesitate to contact me directly. Sincerely, ______________________________ Liz Westmoreland, Associate Planner cc: Terence Welsh 2124 Santiago Drive Newport Beach, CA 92660 dougwelsh@msn.com 1301 Dove Street, Suite 800, Newport Beach, California 92660 Telephone: (949) 565-1344 Facsimile: (714) 677-4004 www.rudderowlaw.com Coldren Law Offices, APLC, Of Counsel July 29, 2022 SENT VIA EMAIL & U.S. MAIL lwestmoreland@newportbeachca.gov Liz Westmoreland, Associate Planner The City of Newport Beach Community Development Department Planning Division 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 Re: In the Matter of the Oxford Trust – Notice of Lawsuit Probate Petition Orange County Superior Court Case No. 30-2021-01215122 Location: 2124 Santiago Drive Project File No. PA2022-060 Dear Ms. Westmoreland: Our office represents Tina J. Roberts (“Tina” or “Successor Trustee”) in the above Probate matter involving 2124 Santiago Drive, Newport Beach, CA 92660 (the “Subject Property”). It has come to our attention that Rolando Serrano has submitted an application to remodel and add 938 SFF to the existing single-family residence. Terence Welsh was listed as the owner of the property. However, Rolando Serrano has no actual authority to submit the application. On February 15, 2021, Grantors Terence A. Welsh and Sally E. Welsh (“Grantors”) created the Santiago Oxford Grantor Trust (“the Trust”) (enclosed) with the intent to create an irrevocable trust of the Subject Property, for the benefit of the beneficiary, Terrance Douglas Welsh (“Doug” or “Beneficiary”). Christopher Welsh (“Chris” or “Trustee”) was listed as the Trustee. Grantors signed two funding deeds for the Santiago Trust Property on February 15, 2021, and February 16, 2021, respectively. The Grant Deed transferred from the Oxford Trust to Chris as trustee of the Santiago Trust. The Grant Deeds are enclosed for your review. Chris died unexpectedly on March 15, 2021. Tina then acted as Successor Trustee until August 4, 2021, wherein she resigned as trustee by written notice. Prob. Code § 15643. However, there was a disagreement as to who should serve as the successor trustee. Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Liz Westmoreland Community Development Department July 29, 2022 P a g e | 2 The Trust provides that the last surviving Trustee named shall have the right to appoint an individual, or a bank or trust company qualified to do business in the applicable jurisdiction, to serve as a further Successor Trustee, in said Trustee’s place and stead. This letter is to inform you of the probate litigation initiated by Doug as successor trustee of the Oxford Trust (the Oxford Trust is a separate trust than that of the Santiago Trust) against Tina, located in the Orange County Superior Court, Central Justice Center, Case No. 30-2021-01215122-PR-TR-CJC. Doug has initiated the proceedings to invalidate the Santiago Trust. Tina has filed her own Competing Petition confirming her resignation as successor trustee and to have the Court appoint a successor trustee for the Trust. As it stands currently, Doug is the beneficiary of the property but not the owner. Thus, Rolando Serrano is without proper authority to make the current application until the Probate proceedings are finalized and the Trust is either invalidated or a successor trustee is appointed by the Court. If the application is not denied at the August 2, 2022 hearing, then our office will take all appropriate action in contesting the decision. If you have any questions regarding the above, please feel free to contact me at my email or direct line below. Very truly yours, RUDDEROW LAW GROUP Chris C. Chapman, Esq. (949) 565-1337 chris@rudderowlaw.com CCC/gb Enclosures: Santiago Trust Grant Deeds cc: Client Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 DW001791Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060 Zoning Administrator - August 2, 2022 Item No. 1a Additional Materials Received Welsh Residence Coastal Development Permit_PA2022-060