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• • • 3.32.040 families of low or very low- income ten (10) year period, the agency shall meet households, as applicable; or (2) are units that these goals on an annual basis until the are presently available at affordable housing requirements for the ten (10) year period are cost to this same group of persons or families, met. If the agency has exceeded the but are units that the agency finds, based upon requirements within the ten (10) year period, substantial evidence, after a public hearing, the agency may count the units that exceed the cannot reasonably be expected to remain requirement in order to meet the requirements affordable to this same group of persons or during the next ten (10) year period. (Ord. 99- families. The agency shall require the 025 § 212.3, 1999) affordability covenants to be maintained on dwelling units at affordable housing cost for 3.32.040 Duration of affordability. not less than thirty (30) years. The agency shall require that the aggregate The agency may not use affordability number of affordable replacement dwelling covenants to provide more than fifty percent units provided and other affordable dwelling (50 %) of the affordable housing units to be units rehabilitated, developed, or constructed made available. Not less than fifty percent remain available at affordable housing cost to (50 %) of the units made available through the persons and families of low- income, • use of long -term affordability covenants shall moderate- income, and very low- income be available at affordable housing cost to, and households, respectively, for the longest occupied by, very low - income households. feasible time. as determined by the agency, These inclusionary requirements apply but for not Tess than the period of the land use independently of the requirements for controls established by the plan, except to the replacement housing. extent a longer period of time may be required inclusionary Housing Plan. The agency, as by other provisions of law. part of the implementation plan required by All new or substantially rehabilitated Health and Safety Code Section 33490, shall dwelling units developed or otherwise assisted adopt a plan to comply with the requirements with moneys from the low- and moderate - of subparagraph 33413(b) of the Health and income housing fund shall remain available at Safety Code governing inclusionary affordable housing costs to persons and requirements ' for new and rehabilitated, families of low or moderate income and very dwelling units. The plan shall be consistent low- income households for the longest with, and may be included within, the city's feasible time, but not for less than fifteen (15) housing element of its general plan. years for rental units and ten (10) years for The plan for inclusionary housing shall be owner- occupied units. except to the extent a reviewed and, if necessary, amended at least longer period of time may be required by every five years in conjunction with either the other provisions of law. The agency shall housing element cycle or the plan require the recording in the office of the implementation cycle. The plan shall ensure county recorder of covenants or restrictions that the inclusionary requirements are met implementing this requirement for each parcel • every ten (10) years. If the inclusionary or unit of real property subject to this requirements are not met by the end of each • 140