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1' <br />2 <br />3� <br />4 <br />51 <br />7 <br />9 <br />10 <br />11 <br />I2 <br />13 <br />14I <br />15 <br />17 <br />I8 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />cm'AnowWsO'P <br />3900 MAP STPFPf <br />RNMI E,CA9_5r <br />(951) blb55e1 <br />b. While it does not preempt local zoning laws, the Fair Housing Act applies to <br />municipalities and other local government entities and prohibits them from <br />making zoning or land use decisions or implementing land use policies that <br />exclude or otherwise discriminate against protected persons. <br />c. Regulations issued by the Federal Communications Commission (FCC) and the <br />Telecommunications Act of 1996 demonstrate a growing, strong federal policy to <br />promote a national communications system. As an example, FCC regulations <br />require local governments to expedite and approve the installation of smaller <br />residential satellite dishes previously prohibited in some communities. (47 C.F.R. <br />§ 25.104) Another example is declaratory ruling PRB -1, which requires that <br />"local regulations which involve placement, screening, or height of antennas <br />based on health, safety, or aesthetic considerations must be crafted to reasonably <br />accommodate amateur communications, and to represent the minimum <br />practicable regulation to accomplish the local authority's legitimate purpose." <br />d. Under the Americans with Disabilities Act, a locality is required to reasonably <br />accommodate persons with disabilities by modifying its zoning policies, practices <br />and procedures and may not intentionally discriminate against such persons. <br />Dadian v. Village of Wilmette, 269 F.3d 831 (7th Cir. 2001). <br />e. Federal uses and buildings are exempt from local zoning requirements. United <br />States v. City of Chester, 144 F.2d 415 (3rd Cir. 1944) (stating "[a] state statute, a <br />local enactment or regulation or a city ordinance, even if based on the valid police <br />powers of a state, must yield in case of direct conflict with the exercise by the <br />government of the United States of any power it possesses under the Constitution. <br />[citations omitted]" Id., 144 F.2d at 420). <br />f. The Interstate Commerce Commission Termination Act of 1995, the Federal <br />Railroad Safety Act of 1970, and the Noise Control Act of 1972 preempt local <br />attempts to regulate railroad activities. See, generally, City of Auburn v. United <br />States, 154 F.3d 1025 (9th Cir. 1998). <br />-5- <br />COMPLAINT FOR DECLARATORY RELIEF <br />