RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CERTIFYING A FINAL ENVIRONMENTAL
IMPACT REPORT NO. 357 AND ADOPT ING FINDINGS OF
FACT AND MITIGATION MONITORING PROGRAM NO. 398
FOR THE OC RIVER WALK PROJECT AND RELATED
ACTIONS
WHEREAS, the City of Anaheim (the “City”) developed the OC River Walk Engineering Feasibility Study (the “Feasibility Study”) for an approximately 2-mile stretch from Orangewood Avenue past Ball Road to Anaheim Coves that identified 17 unique opportunities to transform the Santa Ana River Corridor; and
WHEREAS, the OC River Walk project (the “Proposed Project”) implements the key elements of the Feasibility Study, inc luding, but not limited to, creating water impoundments by installing inflatable rubber dams, modifying the riverbanks, constructing two pedestrian/bike bridges, providing new trails, improving existing trails, creating new and protection of existing access ramps, constructing two new undercrossings on the west bank at the Union Pacific Railroad and the Metrolink railroad, and providing enhanced community recreation amenities (e.g., terraced seating, nature play areas, parklets, plazas, gathering areas for large-scale events, festivals, and other activities, water access, kayak launch, etc.). The Proposed Project is generally located along the Santa Ana River corridor, generally extending from Orangewood Avenue north past Ball Road to the existing Anaheim Co ves at Burris Basin, encompassing approximately a 2 -mile stretch of the Santa Ana River (River), covering approximately 111-acres, in the City of Anaheim and City of Orange, County of Orange, State of California; and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Qual ity Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, a Notice of Preparation (“NOP”) for a Draft Environmental Impact Report (EIR) was distributed to the public on March 23, 2023, for a 30 -day public review period that ended on April 24, 2023. The City held a public scoping meeting on March 29, 2023, to provide members of the public with an opportunity to learn about the Proposed Project, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR; and
WHEREAS, Draft EIR No. 357 was prepared i n accordance with CEQA, the CEQA Guidelines, and the City's CEQA Procedures, to evaluate the physical environmental impacts of the Proposed Project . Draft EIR No. 357 was made available for a 45 -day public review period from July 24, 2025, to September 8, 2025. The Notice of Availability (“NOA”) was sent to a list of interested persons, agencies and organizations. The NOA was posted at the Orange County Clerk-Recorder’s office on July 24, 2025. A Notice of Completion (“NOC”) was sent to the State Clearinghouse in Sacramento for distribution to public agencies on July 24, 2025. Copies of Draft EIR No. 357 were made available for public review at the City of Anaheim Community Services Department, Anaheim Sunkist Library, and were made available for download v ia the City’s website; and
WHEREAS, the City has evaluated the comments received from the public agencies and persons who reviewed Draft EIR No. 357 and has prepared responses to comments received during the public review period. Pursuant to CEQA Guide lines Section 15088.5, none of the comments received resulted in the need to recirculate Draft EIR No. 357 for public review; and
WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines and the City's CEQA procedures, the City has prepared (a) Findings of Fact (“FOF”) relating to Draft EIR No. 357, and incorporated herein by this reference as though set forth in full and that documents and supports the conclusion that with the implementation of all mitigation measures recommended in Final EIR No. 357, the Proposed Project would not result in any significant and unavoidable impacts, which further sets forth the overriding benefits of the Proposed Project, and (b) Mitigation Monitoring Program No. 398, which identifies mitigation measures for the Proposed Project, and is attached hereto as Exhibit A and incorporated here by this reference as though set forth in full; and
WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR (“FEIR”) No. 357 consists of Draft EIR No . 357 ; comments and recommendations received on Draft EIR No. 357 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 357; and the responses of the City, as lead agency, to significant environmental points raised in the review and consultation process; corrections, clarification and additions to Draft EIR No. 357, which do not alter the conclusions of Draft EIR No. 357; and Mitigation Monitoring Program (“MMP”) No. 398; and
WHEREAS, on November 17, 2025, the Planning Commission did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against certification of FEIR No. 357 and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing , the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45 -day public review period, concerning the contents and sufficiency of the FEIR No. 357; and
WHEREAS, at said p ublic hearing and based upon its independent review, analysis, and consideration of the environmental information contained in FEIR No. 357 prepared in connection
with the Proposed Project, the Planning Commission found substantial evidence in the record t o support its actions and did adopt its Resolution No. PC2 025-034 finding and recommending that the City Council certify FEIR No. 35 7 and adopt Findings of Fact and MMP No. 398, and determine that (i) FEIR No. 35 7 was prepared for the Proposed Project in compliance with the requirements of the CEQA and all applicable CEQA Guidelines; (ii) FEIR No. 35 7 reflects the independent judgment and analysis of the City; (iii) FEIR No. 35 7 is adequate to serve as the appropriate environmental documentation for the Proposed Project satisfying the requirements of CEQA; and, (iv) no further environmental documentation needs to be prepared for CEQA for the Proposed Project; and
WHEREAS, the Planning Commission recommended certification of the FEIR No. 357, approval of the Findings of Fact, and MMP No. 398; and
WHEREAS, to the extent authorized by law, the City desires and intends to use FEIR No. 357 and MMP No. 39 8 as the environmental documentation required by CEQA, the CEQA Guidelines and the City's CEQA procedures for the Proposed Project; and
WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, the staff report and all materials in the project files. There is no substantial evidence that negates the findings made in this Resolution. The City Council expre ssly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim, after due consideration, inspection, in vestigation and study made by itself, and after due consideration of, and based upon, all evidence and reports, does hereby find:
1. FEIR No. 357 has been processed and completed in compliance with the requirements of CEQA, the CEQA Guidelines and the City's CEQA procedures;
2. The City Council has carefully reviewed and considered the information contained in FEIR No. 357 and MMP No. 398;
3. FEIR No. 357 and MMP No. 398 reflect the independent judgment and analysis of the City Council; and
4. FEIR No. 357 and MMP No. 398 are adequate to serve as the environmental documentation for the Proposed Project.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ____ day of ______________, 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
156872.2/bmorley
Exhibit A
Mitigation Monitoring Plan No. 398 for OC River Walk
Mitigation Monitoring Program No. 398
MMP No. 398 1 November 2025
OC River Walk Project
Mitigation Monitoring Program No. 398
1.1 Introduction
1.1.1 Purpose of Mitigation Monitoring Program
In accordance with the California Environmental Quality Act (CEQA), California Public Resources Code (PRC), Section 21000 et seq.), the City of Anaheim (City), prepared an Environmental Impact Report (EIR) No, 357 (State Clearinghouse No. 2023030639) for the OC River Walk Project (project) dated July 2025. The Mitigation Monitoring Program (MMP) No. 398 has been prepared in conformance with Section 21081.6 of the Public Resources Code. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
1.1.2 Environmental Impacts
1.1.2.1 Impacts Considered No Impact or Less Than Significant An Initial Study for the project was prepared during the Notice of Preparation process. The Initial Study, dated March 2023, determined that the following environmental resources would have a less- than-significant impact or no impact:
No Impact
• Aesthetics: Thresholds a, b, and c.
• Agriculture and Forestry Resources: Thresholds a through c.
Mitigation Monitoring Program No. 398
MMP No. 398 2 November 2025
OC River Walk Project
• Air Quality: Threshold a.
• Biological Resources: Thresholds e and f.
• Cultural Resources: Threshold c.
• Energy: Threshold b.
• Greenhouse Gas Emissions: Threshold b.
• Hazards and Hazardous Materials: Thresholds c and e.
• Land Use and Planning: Thresholds a and b.
• Mineral Resources: Thresholds and b.
• Noise: Threshold c.
• Population and Housing: Thresholds a and b.
• Transportation: Threshold d.
• Wildfire: Thresholds a through d.
Less Than Significant
• Aesthetics: Threshold d.
• Air Quality: Threshold b, c, and d.
• Energy: Threshold a.
• Geology and Soils: Threshold e and f.
• Greenhouse Gas Emissions: Threshold a.
• Hazards and Hazardous Materials: Threshold a, f, and g. • Hydrology and Water Quality: Thresholds b and e.
• Public Services: Thresholds a.i, a.ii, a.iii, a.iv, and a.v. • Recreation: Threshold a and b.
• Transportation: Thresholds a and c.
• Utilities and Service Systems: Thresholds a, b, c, d, and e.
Mitigation Monitoring Program No. 398
MMP No. 398 3 November 2025
OC River Walk Project
The EIR identified various thresholds from the CEQA Guidelines across multiple environmental categories that would not be significantly impacted by the project, as discussed in Chapter 4, Environmental Analysis. Therefore, these topics did not require mitigation. Impacts to the following environmental resources were found to be less than significant or to have no impact:
No Impact
• Cultural Resources: Threshold CUL-1.
Less Than Significant
• Air Quality: Thresholds AQ-2, AQ-3, and AQ-4.
• Biological Resources: Threshold BIO-4.
• Cultural Resources: Threshold CUL-2.
• Geology and Soils: Thresholds GEO-1.i, GEO-1.ii, GEO-1.iii, GEO-1.iv, GEO-2, GEO-3, GEO-4. • Greenhouse Gas Emissions: Threshold GHG-1.
• Hazards and Hazardous Materials: Thresholds HAZ-2 and HAZ-4. • Hydrology and Water Quality: Threshold HYD-3a, HYD-3b and 3d, HYD-3c (Drainage Capacity), HYD-4, and HYD-5.
• Transportation: Threshold T-2.
Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened
The EIR concluded that the proposed project could result in one or more potentially significant impacts in the following topic areas:
• Biological Resources: Thresholds BIO-1, BIO-2, and BIO-3. • Hydrology and Water Quality: Thresholds HYD-1 and HYD-3c (Polluted Runoff) • Noise: Thresholds NOI-1 and NOI-2.
• Tribal Cultural Resources: Threshold TCR-1
Unavoidable Significant Adverse Impacts
No significant and unavoidable adverse impacts were identified after implementation of required mitigation as identified in the EIR No. 357.
Mitigation Monitoring Program No. 398
MMP No. 398 4 November 2025
OC River Walk Project
1.2 Categorized Mitigation Measures/Matrix
Project-specific mitigation measures (MM) have been categorized in matrix format, as shown in Table 1, Mitigation Monitoring Requirements. The mitigation measures were included in the Draft EIR, with minor modifications in the Final EIR No. 357, and are applicable to the project. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all mitigation measures.
Mitigation Monitoring Program No. 398
MMP No. 398 5 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
Section 4.2, Biological Resources
BIO-1: Qualified Monitoring Biologist. Before the start of construction activities, the City of Anaheim project manager (or designee) shall retain a qualified monitoring biologist to implement required monitoring and document the names and resumes of the people involved in the biological monitoring of the project and a schedule for the proposed work.
The qualified monitoring biologist shall be responsible for the following monitoring and reporting tasks:
• Biological Construction Mitigation/Monitoring Exhibit. Before the start of construction within the future site-specific proposed survey area, the qualified monitoring biologist shall submit a Biological Construction Mitigation/Monitoring Exhibit, which includes limits of work, proposed monitoring schedule, bird, focused sensitive species, or other wildlife surveys/survey schedules (including general avian nesting and U.S. Fish and Wildlife Service protocol), timing of surveys, bird construction avoidance areas/noise buffers/barriers, other impact avoidance areas, and any subsequent requirements determined by the qualified monitoring biologist. The Biological Construction Mitigation/Monitoring Exhibit shall include the construction site plan, written and graphic depiction of the project’s biological mitigation/monitoring program, and a schedule for construction activities. Where the potential for impacts to biological resources is limited (e.g., construction within a footprint that consists entirely of previously developed or disturbed lands), the Biological Construction Mitigation/Monitoring Exhibit may be limited to a pre- and post-maintenance verification inspection. For highly sensitive resource areas, full-time biological monitors may be required. The Biological Construction Mitigation/Monitoring Exhibit shall be approved by the City of Anaheim project manager (or designee) before the start of construction.
City of Anaheim
project manager
(or their designee)
and Project
Biologist
Before the start of
construction
activities;
Before the
issuance of
any permit to
allow for the
removal or
demolition of
trees on the
project site
Community
Services
Department,
Parks Division
Mitigation Monitoring Program No. 398
MMP No. 398 6 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
• Avian Protection. To avoid any direct impacts to raptors and/or any migratory birds protected under the Migratory Bird Treaty Act, removal of habitat that supports active nests on the proposed area of disturbance should occur outside the breeding season for these species (January 15 to August 31). If removal of habitat on the proposed area of disturbance must occur during the breeding season, the monitoring biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The pre-construction survey must be conducted within 10 calendar days before the start of construction, the results of which must be submitted to the City of Anaheim project manager (or designee) for review and approval before initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City of Anaheim shall be prepared and include proposed measures to be implemented to ensure that disturbance of raptor and bird breeding activities are avoided. The report or mitigation plan shall be submitted to the City of Anaheim for review and approval and implemented to the satisfaction of the City of Anaheim. The monitoring biologist shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction.
• Resource Marking/Protection. Prior to the start of construction activities within the future site-specific proposed survey area, the qualified monitoring biologist shall supervise the placement of orange construction fencing or similar visible marker, staking, or flagging along the limits of the construction area, particularly where adjacent to sensitive biological avoidance areas, as shown on the Biological Construction Mitigation/Monitoring Exhibit to ensure crews remain within the approved construction limits. These demarcations shall not be required for areas with existing barriers, such as chain-link fencing, along the limits or facilities that are within and/or adjacent to developed and non-sensitive habitat areas. This task shall include Mitigation Monitoring Program No. 398
MMP No. 398 7 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
flagging plant specimens and delineating buffers to protect sensitive biological resources (e.g., habitats, sensitive plant and wildlife species, including nesting birds) prior to construction. • Cover Trenches. The qualified monitoring biologist shall oversee the construction site so that cover and/or escape routes for wildlife from excavated areas shall be provided daily. Steep trenches, holes, and excavations during construction shall be covered at night with backfill, plywood, metal plates, or other means, and if plastic sheeting is used, the edges must be covered with soils such that small wildlife cannot access the excavated hole. Soil piles shall be covered at night to prevent wildlife from burrowing in. Sandbags shall weigh down the edges of the sheeting. These areas may also be fenced to prevent wildlife from gaining access. Exposed trenches, holes, and excavations shall be inspected twice daily (i.e., each morning and before sealing the exposed area) by the qualified monitoring biologist to monitor for wildlife entrapment. Excavations shall provide an earthen ramp to allow for a wildlife escape route. The qualified monitoring biologist shall verify that the contractor has covered all steep-walled trenches or excavations prior to the end of construction daily. If wildlife species are encountered within any trenches or excavated areas, the qualified monitoring biologist shall remove them, if possible, or provide them with a means of escape (e.g., a ramp or sloped surface at no greater than a 30-degree angle) and allow the species to disperse. In addition, the qualified monitoring biologist shall train construction personnel to increase awareness of the possible presence of wildlife beneath vehicles and equipment and to use best judgment to avoid killing or injuring wildlife (refer to Pre-Construction Meeting/Education).
• Structure Clearance. Before the issuance of any permit to allow for the removal or demolition of trees on the project site (particularly any ornamental trees in the developed land areas), the qualified Mitigation Monitoring Program No. 398
MMP No. 398 8 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
monitoring biologist shall conduct clearance surveys to flush out any wildlife species nesting, roosting, or otherwise occupying the trees. If wildlife species are encountered within any of the trees (outside the general bird nesting season), the qualified monitoring biologist shall remove them, if possible, or provide them with a means of escape and allow the species to disperse. If tree-roosting bats are suspected, slow removal by gently pushing the tree over with heavy equipment is required.
• Pre-Construction Meeting/Education. Before the start of any construction activity where the site plan for the construction area indicates that significant impacts to biological resources may occur, a pre-construction meeting shall be held on site with the following in attendance: City of Anaheim project manager (or designee), the construction contractor (if applicable), and the qualified monitoring biologist. At this meeting, the qualified monitoring biologist shall identify and discuss the construction protocols that apply to the proposed activities and the sensitive nature of the adjacent habitat with appropriate project personnel.
At the pre-construction meeting, the qualified monitoring biologist shall submit to the construction contractor a copy of the Biological Construction Mitigation/Monitoring Exhibit that identifies areas to be protected, fenced, and monitored. This data shall include all buffer limits, if applicable.
Before the start of construction activities, the qualified monitoring biologist shall meet with the construction contractor and crew and conduct an on-site educational session regarding the need to avoid impacts outside the approved construction footprint and to protect sensitive plants and wildlife that may occur at the specific facility. This may include but not be limited to explanations of the avian and aquatic resource buffers, the flag system for retention of sensitive Mitigation Monitoring Program No. 398
MMP No. 398 9 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
plants, and clarification of acceptable access routes/methods and staging areas.
• Biological Monitoring and Reporting. The qualified monitoring biologist shall inspect/monitor the project construction area in accordance with the approved Biological Construction
Mitigation/Monitoring Exhibit. This may be limited to pre- and post- maintenance inspections, weekly visits, or full-time monitoring, as determined by the qualified monitoring biologist.
The qualified monitoring biologist shall document monitoring events via a Consultant Site Visit Record. This record shall be sent to the project manager each month. However, if weekly reports are submitted as part of a separate agency permit requirement, these reports may be forwarded to the project manager in place of Consultant Site Visit Record submittals.
If no deviations from the construction site plan occur during maintenance, no additional documentation is required. However, if deviations from the site plan do occur, such as unanticipated impacts to sensitive vegetation communities or unanticipated discharge of pollutants, a Final Monitoring Report shall be prepared within 3 months following the completion of mitigation monitoring detailing maintenance and monitoring that occurred and any remedial or compensatory measures taken.
BIO-2: Sensitive Vegetation Communities and Jurisdictional Aquatic Resources Impacts Mitigation. Any direct impacts to sensitive vegetation communities or jurisdictional aquatic resources would require mitigation to comply with state and/or federal authorizations in accordance with the minimum ratios described in the following table and the ratios defined in any state and/or federal permit(s) issued for the project.
City of Anaheim
project manager
(or their designee)
and Project
Biologist;
Before the start of
construction
activities
Community
Services
Department,
Parks Division;
California
Department of
Fish and
Wildlife;
Regional Water
Mitigation Monitoring Program No. 398
MMP No. 398 10 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
Mitigation Ratios for Potential Impacts to Sensitive Vegetation Communities and Jurisdictional Aquatic Resources
Vegetation Community Jurisdiction
Minimum Mitigation
Ratio
Fresh Water USACE/RWQCB/CDFW 2:1
Freshwater Emergent
Wetland
USACE/RWQCB/CDFW 2:1
Non-Vegetated Channel USACE/RWQCB/CDFW 2:1
Diegan Coastal Sage
Scrub
CDFW 2:1
Mule Fat Scrub (Disturbed) CDFW 2:1
Southern Willow Scrub USACE/RWQCB/CDFW 2:1
Notes: CDFW = California Department of Fish and Wildlife; RWQCB = Regional Water Quality Control Board; USACE = U.S. Army Corps of Engineers
• Potential direct impacts to sensitive vegetation communities, including jurisdictional aquatic resources, resulting from project implementation shall be mitigated through one of the following two options:
− Project compensatory mitigation for proposed impacts to sensitive vegetation communities, including jurisdictional aquatic resources, shall be provided through in-kind and on-site creation, enhancement, and/or restoration. A Habitat Mitigation and Monitoring Plan shall be provided and prepared in accordance with the City of Anaheim and regulatory agency requirements. − Compensatory mitigation requirements that are not able to be satisfied through on-site creation, enhancement, and/or restoration shall be satisfied through the acquisition of mitigation bank credits via a resource agency-approved mitigation site within the Santa Ana River Watershed or by acquisition of other approved off-site mitigation credits. Prior to implementation of project construction impacts that would require compensatory Quality Control
Board; U.S.
Army Corps of
Engineer
Mitigation Monitoring Program No. 398
MMP No. 398 11 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
mitigation, documentation demonstrating the availability of mitigation credits (i.e., credit ledger) at the approved mitigation site must be submitted to the City of Anaheim project manager (or designee) for confirmation.
When proposed mitigation involves habitat enhancement, restoration, or creation, the Habitat Mitigation and Monitoring Plan shall include the following information:
• Conceptual planting plan including planting zones, grading, and irrigation.
• Seed mix/planting palette.
• Planting specifications.
• Monitoring program including success criteria.
• Long-term maintenance and preservation plan.
For mitigation that involves habitat acquisition, the Habitat Mitigation and Monitoring Plan shall include the following:
• Location of proposed acquisition.
• Description of the biological resources to be acquired, including support for the conclusion that the acquired habitat mitigates for the specific maintenance impact and satisfies the requirement of no net loss.
• Documentation that the mitigation area would be adequately preserved and maintained in perpetuity.
The identification of mitigation site credits shall be provided to the City of Anaheim project manager (or designee) and shall include the following:
• Location of approved mitigation site.
• Description of the mitigation credits to be acquired, including support for the conclusion that the acquired habitat mitigates for the specific maintenance impact and satisfies the requirement of no net loss.
Mitigation Monitoring Program No. 398
MMP No. 398 12 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
• Documentation of the credits that are associated with a mitigation bank, which has been approved by the appropriate resource agencies.
• Documentation in the form of a current mitigation credit ledger.
BIO-3: Habitat Restoration in Temporary Impact Areas. Temporary direct impact areas shall be restored to pre-construction topographic contours and conditions, including the revegetation of native plant communities, where appropriate. Habitat restoration and erosion control treatments shall be installed within these short-term impact areas. Habitat revegetation shall feature native species that are typical of the area, and associated erosion control best management practices shall include silt fence and microplastic- and weed-free straw fiber rolls, where appropriate. The revegetation areas shall be monitored and maintained for 25 months to ensure adequate establishment and sustainability of the plantings/seedings.
Where a project activity involves potential disturbance of non-native invasive plant species (as identified by the California Invasive Plant Council), these plants shall be entirely removed where feasible, and the removal shall be monitored by the qualified monitoring biologist to ensure that dispersal of propagules (e.g., seeds, stems, etc.) are avoided or minimized. Where removal of plant roots is not feasible (e.g., where erosive flows are predicted), aboveground plant material shall be fully removed and monitored by the qualified monitoring biologist. Where aboveground plant material cannot be removed (e.g., due to limited access), herbicides shall be applied by a licensed pest control advisor, using chemicals permitted as safe within aquatic environments.
City of Anaheim
project manager
(or their designee)
and Project
Biologist
Post-construction Community
Services
Department,
Parks Division
Construction
contractor and
Project
Biologist
Mitigation Monitoring Program No. 398
MMP No. 398 13 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
BIO-4: Least Bell’s Vireo and Yellow Warbler Pre-Construction Surveys. For any work proposed in or near suitable habitat between February 15 and August 15 (March 15 and September 15 for least Bell’s vireo), a pre- construction survey for least Bell’s vireo and yellow warbler shall be performed to reaffirm the presence and extent of occupied habitat. The survey shall occur within five days prior to the start of construction. The pre-construction survey area for the species shall encompass all potentially suitable habitat within the project work zone and a 300-foot survey buffer.
The pre construction survey shall be performed to the satisfaction of the City of Anaheim project manager (or their designee) by a qualified biologist familiar with the species. The results of the pre-construction survey shall be submitted in a report to the City of Anaheim project manager (or their designee) for review and approval before initiating any construction activities. If least Bell’s vireo or yellow warbler are detected, a minimum 300-foot buffer delineated by orange biological fencing shall be established around the detected species. In addition, on-site noise reduction/attenuation techniques shall be incorporated, as appropriate, to avoid impacts to breeding least Bell’s vireo and yellow warbler from elevated construction noise levels during the breeding season. The City of Anaheim project manager (or their designee) shall have the discretion to modify the buffer width depending on site-specific conditions. In addition, noise monitoring may be required to ensure that the elevated construction noise levels are appropriately attenuated at the edge of occupied habitat to a level that is not expected to adversely affect nesting bird behavior (i.e., not to exceed an hourly average of 60 A-weighted decibels or ambient whichever is greater, at the edge of occupied habitat).
City of Anaheim
project manager
(or their designee)
and Project
Biologist, Qualified
noise consultant
Within 5 days
prior to the
start of
construction
Community
Services
Department,
Parks Division
Mitigation Monitoring Program No. 398
MMP No. 398 14 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
Section 4.7, Hydrology and Water Quality
HYD-1: Prior to the issuance of a discretionary and/or regulatory permit by the City of Orange, County of Orange, or Orange County Water District (“Participating Stakeholders”), the City of Anaheim shall enter into a Maintenance and Operations Agreement (MOA) with the Participating Stakeholder issuing said permit, as applicable. The MOA shall specify roles, responsibilities, performance standards, and communication protocols for the ongoing maintenance and operation of the project elements.
The MOA shall include, at a minimum, the following responsibilities and tasks, or similar, as appropriate for each agreement with the applicable agency:
• Maintenance responsibilities related to trails, river impoundments and water features, and stormwater and sewer facilities;
• Operations responsibilities related to access control, hours of operation, public use rules (including, but not limited to, posting signage for hours, allowed uses, and prohibited activities), security and public safety (including, but not limited to, law enforcement coordination, patrolling duties, transient management, and emergency response protocols), debris removal, preparation and implementation of a flood contingency plan, and post storm event procedures; • Inspection, monitoring, and reporting responsibilities, including the frequency of routine inspections and water quality monitoring as required by applicable regulatory permits and to address any public health concerns regarding recreational use of the water in the Santa Ana River channel; and
• Communication and notification protocols, including construction timing and phasing information for each project element.
The MOA shall include provisions granting the County of Orange (OC) agencies—including, but not limited to, OC Public Works, OC Parks, and City of Anaheim
project manager
(or their designee)
Prior to the
issuance of a
discretionary
and/or regulatory
permit by the City
of Orange,
County of
Orange, or
Orange County
Water District
Community
Services
Department, Parks
Division
Mitigation Monitoring Program No. 398
MMP No. 398 15 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
OC Sheriff’s Department—vehicular access for monitoring river flows, ensuring public safety, and performing other OC maintenance and operational activities currently conducted by OC agencies, including review and approval of trail improvements and access design. The MOA shall also address any other items deemed necessary by the Participating Stakeholders to ensure the proper long-term maintenance and operation of the project.
Section 4.8, Noise
NOI-1: The City of Anaheim shall include the following construction specifications on all project construction plans for sites located within 100 feet of sensitive receptors (i.e., Extended Stay America – Orange County hotel building and occupied residential buildings) or 60 feet of occupied office buildings.
During construction, the construction contractor shall employ the following noise-reducing measures where use of construction equipment occurs within 100 feet of sensitive receptors or 60 feet of occupied office buildings:
• Use acoustical shelters around any air compressors, generators, and any other stationary construction equipment not fitted with baffled enclosures
• Use baffling around stationary construction equipment to reduce noise and vibration levels
• Properly muffle and maintain all construction equipment powered by internal combustion engines
• Prohibit unnecessary idling of internal combustion engines • Whenever feasible, use electrical power to run air compressors and similar power tools
City of Anaheim
project manager (or
their designee)
Prior to and
during
construction
Community
Services
Department, Parks
Division
Mitigation Monitoring Program No. 398
MMP No. 398 16 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
NOI-2: The City of Anaheim shall ensure that all project construction specifications include the following noticing requirement. The construction contractor shall provide written notification at least 1 week prior to the start of any construction activities within 110 feet of sensitive receptors (i.e., Extended Stay America – Orange County hotel and occupied residential buildings) or 235 feet of the Kinder Morgan Orange Terminal. The notice shall inform hotel, occupied residential buildings, and industrial operators of the estimated start date and duration of daytime vibration-generating construction activities and provide a point of contact for vibration exposure complaints.
City of Anaheim
project manager (or
their designee)
Prior to
construction;
Prior to at least 1
week prior to the
start of any
construction
activities
Community
Services
Department, Parks
Division
Section 4.10, Tribal Cultural Resources
TCR-1: Prior to the commencement of ground-disturbing activities in any area where soil disturbance is greater than the depth of current foundations present on a project site, or in areas where the disturbance activities extend into native soils exceeding a depth of 5 feet, and/or where there is documented resource presence, the City of Anaheim (lead agency) shall retain a single Native American Monitor at a time to monitor grading activities as described below.
If multiple Tribes have requested monitoring, a lead Native American Monitor shall be designated to serve as the primary monitor. Only one monitor shall be present on-site at any given time during grading activities, unless otherwise agreed upon by the lead agency and the designated lead Native American Monitor.
A. The Native American Monitor shall be from the Gabrieleño Band of Mission Indians – Kizh Nation (Kizh) or Juaneño Band of Mission Indians, Acjachemen Nation – Belardes (Acjachemen). The lead Native American Monitor shall serve as the point of contact and coordinator for the project during monitoring activities.
B. For the purposes of this requirement, “ground-disturbing activity” includes project locations inside the project boundary, excluding off- site work within existing public right-of-way. “Ground-disturbing activity” includes, but is not limited to, demolition, pavement removal, City of Anaheim
project manager (or
their designee); Native
American Monitor;
qualified archaeologist
Prior to the
commencement
of ground-
disturbing
activities
Community
Services
Department, Parks
Division
Mitigation Monitoring Program No. 398
MMP No. 398 17 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching resulting in soil disturbance exceeding a depth of current foundations present on a project site, or in areas where the disturbance activities extend into native soils exceeding a depth of 5 feet.
C. The City of Anaheim shall execute a monitoring agreement with the lead Native American Monitor Tribe prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.
D. The Native American Monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe and the lead agency. Monitor logs shall identify and describe any discovered Tribal Cultural Resources, including but not limited to Native American cultural and historical artifacts, remains, places of significance, etc., as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the City and the Kizh and Acjachemen Tribes. Any other federally or state-recognized tribes requesting copies of the monitoring logs shall be provided with the logs by the City of Anaheim.
E. On-site Native American Monitor shall conclude upon the former of the following:
1) Written confirmation from a designated point of contact for the lead agency to the lead Native American Monitor that all ground- disturbing activities resulting in soil disturbance exceeding a depth of current foundations present on a project site, or in areas where the disturbance activities extend into native soils exceeding a depth of 5 feet on the project site or in connection with the project are complete; or
Mitigation Monitoring Program No. 398
MMP No. 398 18 November 2025
OC River Walk Project
Table 1. Mitigation Monitoring Requirements
Mitigation Measure
Responsible for
Implementation Timing
Responsible
for
Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)
2) A determination and written notification from the lead Native American Monitor to the lead agency stating that no future planned construction or development activity at the project site has the potential to impact Kizh and Acjachemen Tribal Cultural Resources.
F. Upon discovery of any Tribal Cultural Resources, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered Tribal Cultural Resource has been fully assessed by Kizh and Acjachemen monitors and an archaeologist retained by the lead agency. The Kizh or Acjachemen Tribe shall recover and retain all discovered Tribal Cultural Resources in the form and manner the affected Tribe deems appropriate, in the affected Tribe’s sole discretion, and for any purpose the affected Tribe deems appropriate, including for educational, cultural and historical purposes.