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