City May Regulate Ham Radio Antenna on Private Property Based on Aesthetics, but Not Based on Radio Frequency Interference

In Zubarau v. City of Palmdale, published January 27, 2011, the 2nd District Court of Appeal addressed a trial court writ of mandate that reversed a city's order that a homeowner take down a tall ham radio antenna on his property.  The court reversed the trial court' s ruling that the city's takedown order was not supported by substantial evidence; the city's aesthetic and safety grounds for ordering the takedown were supported by substantial evidence.  The court also reversed the trial court's ruling that the city's ordinance concerning antenna height was unenforceable based on vagueness.  The appellate court further ruled that the city could not regulate the antenna based on radio frequency interference, since that area has been fully occupied by federal law.