The city of Solana Beach has filed a lawsuit to delay the long-awaited return of the KAABOO music festival at the Del Mar Fairgrounds this September unless there’s further study of the environmental impacts, court documents show.
In a complaint filed March 11 in San Diego County Superior Court, the city alleged that KAABOO would not be in compliance with the California Environmental Quality Act.
Attorneys for the city wrote that the festival “would result in a variety of significant adverse environmental impacts on the surrounding area, including but not limited to increased air pollution, greenhouse gas emissions, noise, traffic, off-site parking, demand for public services and threats to public safety.”
Defendants in the case are the 22nd District Agricultural Association, which owns the fairgrounds, and Festival Licensing and Acquisition Corporation, which owns the rights to hold KAABOO-branded events.
KAABOO had its initial run from 2015-19 at the Del Mar Fairgrounds, followed by a surprise announcement from its owners at the time that the festival would be moving to Petco Park. But it was canceled in 2020 due to the COVID-19 pandemic. A couple more years passed without any updates on whether it would return, leading to lawsuits between KAABOO and the Padres.
There was also an attempt at a class-action lawsuit by people who purchased tickets to the pandemic-canceled KAABOO festival and were not reimbursed. That issue remains unresolved.
KAABOO has also undergone multiple ownership changes before FLAAC obtained the rights to it in 2021.
In September 2023, FLAAC reached a deal with the Del Mar Fairgrounds board of directors to bring KAABOO back to its original hometown. The framework of the deal included $250,000 or 3 percent of net revenue from ticket sales paid to the Del Mar Fairgrounds, whichever is higher, in addition to 40 percent of parking revenue and $5 per concession ticket sold. The fairgrounds also has four one-year renewal options.
Attorneys for Solana Beach noted in their complaint that during the fair board vote, there was a section on the KAABOO agenda item that said, “Environmental/Coastal Commission Review: None at this time.”
“The District’s failure to perform any environmental review of (KAABOO’s return to the fairgrounds) leaves the City with no alternative but to seek the assistance of the Court to compel the District to comply with the procedural and substantive requirements of CEQA before taking any action that may result in a potential adverse impact on the environment,” the city’s attorneys wrote.
On Jan. 9, the fair board received an update on discussions between FLAAC and fairgrounds staff, which included more information about the environmental impacts.
The main sticking point in closing the deal was assurance that KAABOO will actually take place as advertised. Given the festival’s recent struggles, fair board members were wary about their potential legal liability if more tickets are sold for event dates that never happen.
Fair board members ultimately voted to close the deal.
The January meeting agenda had a more extensive report under “Environmental/Coastal Commission Review.”
It said KAABOO does not require CEQA review. It also said the festival is allowed to take place under the venue’s Coastal Permit, which includes mitigation for environmental concerns such as noise, traffic and parking.
“The potential temporary impacts from an event like KAABOO Del Mar, and other similar events on District property, already have these mitigation measures included,” the report said.
Solana Beach interim City Manager Dan King declined comment because it involves active litigation.
“We strive to be a good neighbor, and we have engaged in good-faith conversations about KAABOO with the City of Solana Beach for months,” Del Mar Fairgrounds spokesperson Tristan Hallman said in an emailed statement. “We have worked closely with the festival’s organizers to address the City’s concerns in the contract for this event.”
Harold writes for the U-T Community Press.