Public use vs Building occupant use

In a C&S office building, the owner has provided just enough parking spaces in the basement to the building tenants to meet the local zoning minimum requirements. Those parking spaces will be used exclusively by the building tenants as part of the rental agreements (no extra pay). Additionally, the owner is planning to dedicate a portion of the basement to provide paid parking spaces for the public. Under this arrangement, a non-tenant may park his/her vehicle in the building and go the neighboring shops in a separate building. Would these additional spaces (the public parking facility) prevent the project from earning SSc4.4? if so, does the project have the option of excluding this portion of the basement from the project boundary to achieve the credit?