(Editor’s note: CTN received a letter from Attorney Kenneth Ehrlich regarding the Paseo Miramar Story. It is printed below. My response follows. Additionally, CTN reached out to Crest Real Estate for a comment. If they respond the story will be updated.)
I write regarding critical and fundamental errors in your December 11, 2024 story, “Owner/Developer Kavanaugh Fined by Coastal Commission.” Your story incorrectly identifies the owner of the subject property and party responsible to implement the California Coastal Commission’s (CCC) Consent Orders no less than seven (7) times in the brief 730 word article. With correct information readily obtainable to the general public, including experienced journalists such as Ms. Pascoe, it appears that Circling the News intentionally referenced the incorrect party solely to agitate the community and defame an innocent party, Ryan Kavanaugh.
Notably, Mr. Kavanaugh is neither the owner of the subject property nor the Respondent in the Consent Orders. Circling the News well knows the true owner of the property and the subject of the Consent Orders (both, HMBAP, LLC– a legitimate and properly organized and managed legal entity) as this information is apparent in the CCC’s orders and remains publicly available. Adding insult to injury, your publication further asserts that Mr. Kavanaugh:
“is required 1) to remove unpermitted development; 2) continue to cease and desist from undertaking any further unpermitted development, including maintenance grading and the removal of major vegetation; 3) refrain from obstructing public access; and 4) remove soil stockpiled or placed within sensitive habitat areas, a public right of way, and along the boundary of Topanga State Park.”
Your article further states,
“He {Kavanaugh] also must agree to restore the areas of unpermitted development, carry out erosion containment measures, provide additional mitigation and ecological enhancement where the permitted development occurred and on surrounding areas to address temporal losses of habitat.”
Adding a poisoned cherry on top, Circling the News affirmatively states, “the Commission is ordering Kavanaugh to pay a $500,000 penalty.”
None of these statements are true. A true and correct copy of the CCC’s Consent Orders is attached for your review. You can readily see that Mr. Kavanaugh is not a party to the Consent Orders and is not mentioned in the document. Mr. Kavanaugh has no obligations to the CCC and is not required to pay any fines or penalties as a result of the CCC’s actions. Your readers, some of whom use HMBAP’s property to walk their dogs, deserve to know the truth and not be given slanderous and defamatory information by your publication. Your community and Mr. Kavanaugh deserve better!” Kenneth A. Ehrlich
In an August 13, 2024, Coastal Commission Document https://documents.coastal.ca.gov/reports/2024/12/Th10.1-Th10.3/Th10.1-Th10.3-12-11-24-exhibits.pdf has 11 exhibits and numerous photographs, with the address as HMBAP LLC, Attn: Ryan Kavanaugh, 6320 Canoga Ave. #1300, Woodland Hills, Ca. 91637-2600. It notes the document was sent via certified and regular mail.
Dear Mr. Kavanaugh,
It has come to the attention of California Coastal Commission (“Commission”)
enforcement staff that since at least February of 2023, you and your contractors have
been performing development including grading undeveloped land and improving a road
adjacent to and within Topanga State Park without any Coastal Act authorization. This
included driving heavy machinery through undeveloped land that includes
environmentally sensitive habitat area and grading the hillsides, obstructing public
access to a public road and trail via undertaking construction within the public road and
trail (Paseo Miramar) and storing heavy machinery there, along with harassing
members of the public using the road and trail, as well as removing vegetation, and
stockpiling soil, rock, and other materials. In addition to the unpermitted development
that took place on the public road, some of the unpermitted development occurred on
other land you do not own, and that is actually within Topanga State Park. As such, due
to the environmental harms and public access impacts of your unpermitted construction,
we are writing to request that you contact us by no later than close of business on
August 23, 2024 to confirm (1) that you have removed any heavy machinery from the
subject properties, (2) that you will cease all future unpermitted development, including
harassment of members of the public using a public road and trail, and (3) that you will
talk with us regarding potential amicable resolutions to resolve these Coastal Act
violations.
An October 22, 2024 notice:
Dear Mr. Kavanaugh:
I am directing this notice to Ryan Kavanaugh, one of the owners of HMBAP, LLC, and Spencer Kallick, counsel for Ryan Kavanaugh and HMBAP, LLC. California Coastal Commission (“Commission”) staff appreciates your actions thus far to halt undertaking unpermitted work at the properties listed above, and for talking with the Commission’s enforcement staff on August 22, 2024, September 23, 2024, and October 16, 2024. We would like to work with you to resolve these issues amicably and remain willing and ready to discuss options that would involve agreeing to a consensual resolution of the Coastal Act violations on the Property, such as entering into a Consent Cease and Desist Order, Consent Restoration Order, and Consent Administrative Penalties (collectively, “Consent Orders”).
(Circling the News is happy to print the other owners of HMBAP, LLC, too, so that Mr. Kavanaugh is not unfairly refereed to at the sole owner of the property. The Coastal Commission would also probably like that information, since they addressed their concerns to Kavanaugh, too.)
Nice! 😉
Melissa C, Esq.