Zoning Emphasized in Wal-Mart Dispute

An appeal by Wal-Mart Stores Inc. to open at the Mall of Orange has caused bitter disputes between residents and merchants, but the outcome will be based on strictly defined criteria, officials said this week.

Legal advisors and planning officials told City Council members at a workshop Tuesday that zoning laws, not emotions, will have to prevail when they review the Planning Commission’s July 1 rejection of Wal-Mart’s proposal.

The commission turned down the proposal on grounds that the discount retailer would not be compatible with the mall’s image and would cause unacceptable traffic congestion.

“There might be some misconceptions about the scope of this review,” said Stan Soo Hoo, a deputy city attorney. “I would suggest the City Council just wipe the name Wal-Mart out of their minds while they look at these site plans.”

Officials may review only the design of the building, traffic circulation and other specific issues, he said.

A group of neighbors has waged a vigorous campaign against the discount giant since June.

They said they fear that the store would increase traffic and crime, provide unfair competition to other mall merchants and reduce the status of the already ailing mall, which lost its Broadway department store in February.

Letters to the City Council urged that the Broadway be replaced with a Macy’s or equally prestigious department store.

“We don’t want to go into the 21st century with barred windows and the demise of our neighborhoods,” resident Dorothy Gibson wrote in a letter to city officials.

On the opposing side are about 60 merchants of the mall, who signed a petition asking that Wal-Mart be allowed to open.

Harry Newman, general partner of the company that owns the mall, also promised to give the mall a complete make-over with revenue generated by the extra shoppers that Wal-Mart is expected to bring in.

City Council members will make the final decision after a public hearing at 7 p.m. Tuesday.