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Fans cheer for Bryan Adams at the Sunset Cliffs stage at KAABOO Del Mar on Saturday, Sept. 14, 2019.
The San Diego Union-Tribune
Fans cheer for Bryan Adams at the Sunset Cliffs stage at KAABOO Del Mar on Saturday, Sept. 14, 2019.
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SOLANA BEACH — The city of Solana Beach settled a lawsuit that it filed against the Del Mar Fairgrounds due to concerns about the environmental effects of the KAABOO music festival, which is scheduled to return to the fairgrounds later this year.

The city filed a complaint about a month ago in San Diego County Superior Court alleging that KAABOO would not be in compliance with the California Environmental Quality Act. In court documents, attorneys for the city said 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.”

The 22nd District Agricultural Association, which owns the fairgrounds, and Festival Licensing and Acquisition Corporation (FLAAC), which owns the rights to hold KAABOO-branded events, were named as defendants.

The city and fairgrounds announced April 16 in a joint statement that the settlement ensures appropriate levels of public safety and noise management, as well as traffic control, parking and litter abatement.

“We are excited that KAABOO is exploring coming back to the Fairgrounds to provide another high-quality entertainment option for our community, while managing impacts that are associated with a musical festival of this caliber,” Solana Beach Mayor Lesa Heebner said in a statement. “What we all want is a KAABOO that is both fun and safe! We look forward to enjoying the event!”

KAABOO debuted at the Del Mar Fairgrounds in 2015, and returned every year through 2019. Then festival organizers at the time announced they would move the multi-day event to Petco Park in a partnership with the Padres. Due in part to the pandemic, KAABOO never actually took place at the park, leading to a legal battle. Festival-goers are also still waiting for answers about how they’ll be compensated for tickets they bought in 2020 for KAABOO dates that never happened.

In 2021, FLAAC acquired the rights to continue KAABOO and, more recently, has been pursuing a return to the Del Mar Fairgrounds. The board of directors who operate the state-owned venue were concerned about the festival’s litany of issues over the last several years, and whether they were inviting legal liability if KAABOO does not take place as advertised. FLAAC addressed those concerns sufficiently enough for the board to vote in favor of a contract.

The deal provides $250,000 or 3 percent of net revenue from ticket sales to the Del Mar Fairgrounds, whichever is higher, as well as 40 percent of parking revenue and $5 per concession ticket sold. It also has four one-year renewal options for the fairgrounds.

Dates, musical acts and other information for this year’s KAABOO are to be announced.

“We always strive to be good neighbors to our surrounding communities as we host and produce events for San Diego County residents and visitors every year,” Del Mar Fairgrounds CEO Carlene Moore said in a statement. “We are thrilled to have reached a swift resolution, and we look forward to continuing to work closely with FLAAC and with the City to do our part to ensure that KAABOO’s homecoming is a fun, memorable, and exciting experience.”