Del Mar

Solana Beach files lawsuit that could impact KAABOO music festival return this summer

Heeber says the city is not suing to stop KAABOO from happening but to "gain an agreement as in previous years to mitigate the impacts to our city"

NBC Universal, Inc.

This summer's return of the KAABOO music festival could be under threat due to a lawsuit filed against the Del Mar Fairgrounds by the City of Solana Beach, which claims the fairgrounds approved the event without going through the proper review process.

The petition filed last Monday against the 22nd District Agricultural Association, the organization that manages the Del Mar Fairgrounds, seeks to revoke its approval of the music festival scheduled for September until it complies with the California Environmental Quality Act. The act requires public agencies to examine the environmental impacts of their actions, which the city of Solana Beach claims the agricultural district did not do before approving the event.

"The City of Solana Beach has asked the District Agricultural Association (DAA) [the group that runs the fairgrounds] since September of 2023 to put in place enforceable measures to reduce the impacts of the thousands of KABOO (sic) visitors to residents and businesses in Solana Beach," Lesa Heebner, Solana Beach Mayor told NBC 7 in a statement.

Heebner said the city gets no revenue from events like KAABOO. Still, its residents are left feeling the impacts and paying for the mitigation measures that they believe should be paid for by event organizers.

Heebner says that the measures mutually agreed to include geofencing to prevent Uber and Lyft pick-ups and drop-offs in residential neighborhoods, addressing noise and light pollution, traffic control, increase in sheriff presence, clean up and preventing parking and tailgating in neighborhoods.

"Given the Statute of Limitations in CEQA, we were forced to take this legal step at this time to preserve our rights to ensure our citizens’ concerns are addressed so they too can enjoy the festival," Heeber said in the statement.

The petition requires representatives from the agricultural district and the city of Solana Beach to meet for a settlement conference. Heeber said they have already been in contact with the agricultural association.

In a statement to NBC 7 on Monday, a spokesperson for the 22nd District Agricultural Association said, "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. We have worked closely with the festival’s organizers to address the City’s concerns in the contract for this event."

Heeber says the city is not suing to stop KAABOO from happening but to "gain an agreement as in previous years to mitigate the impacts to our city."

KAABOO's last event was in Del Mar in 2019 and the festival has faced its share of problems. Many people with tickets to the 2020 event said they never got their money back after that year's festivities were canceled due ot the pandemic.

And, the relationship with the 22nd District Agricultural Association ended on bad terms when the former festival ownership planned to move it to Petco Park after 2020.

After years of lawsuits, multiple changes in brand ownership and a terminated relationship with the Padres franchise, KAABOO announced in 2023 its return to the Del Mar Fairgrounds, under new ownership -- the Festival Licensing and Acquisition Corporation or FLAAC.

The KAABOO website does not list exact dates or have any other info except for a message that says "coming soon."

NBC 7 reached out to FLAAC through their website for their reaction to the lawsuit. We have not yet heard back.

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