Demand Control Ventilation

Your argument is reasonable, though LEED has no exception for densely occupied spaces with less than 10 people. You can attempt the credit selecting alternative compliance path on the LEED credit form. Acceptance of this approach depends on the GBCI reviewer's discretion and how strong a case you make. Alternatively, you can submit a project CIR but note that the GBCI website states, "... the credit language nor the minimum achievement thresholds can be changed through the Project CIR process." It is hard to say whether you will have success with either of these approaches.