We request your ruling for the following challenge/issue relating to the above-referenced credit. The Virginia Street Development in Vallejo is a mixed-use condominium development with for-sale commercial spaces at the ground level, and for-sale residential units above. All commercial space parking is off-site. Parking is provided for the residential units at a factor of 1 parking space per residential unit. As with all residential or mixed-use or residential condominium projects and unlike an office or apartment development, all parking spaces will be sold with the residential units. We intend on providing preferred parking for low-emitting and fuel-efficient vehicles for 5% of the total vehicle parking capacity at the site. The developer of the project will market and advertise that the preferred parking spaces as the most convenient spaces in the structure and reserved for buyers who have low-emitting and fuel-efficient vehicles. The intent is to promote and market these as sustainable features for the project, while providing a valuable convenience to the initial buyer of a unit who has a low-emitting and fuel-efficient vehicle. The developer of the project will reserve these preferred parking spaces for initial buyers of residential units that have low-emitting and fuel-efficient vehicles. The developer of the project will not convey a preferred parking spaces to a buyer that does not have a low-emitting and fuel-efficient vehicles until such time as no other parking spaces are available. In short, we are hopeful there will be enough buyers that have low-emitting and fuel-efficient vehicles to fill the preferred parking spaces, but, in event that there is not enough of such buyers, a buyer of a residential unit may have to be assigned a preferred parking spaces even though the buyer does not currently have a low-emitting and fuel-efficient vehicle. As noted above, the developer will not assign a preferred parking space to a buyer who does not currently have a low-emitting and fuel-efficient vehicles until there are no other parking spaces available. In addition, unlike an office or apartment development, after the sale of a residential unit, ownership and control of the parking space for that unit passes to the owner\'s association of the project and new owner of the unit. In short, after the sale, the developer no longer has the right to police or guarantee that any preferred parking spaces will continue be used by persons having low-emitting and fuel-efficient vehicles. We would like to confirm that developer\'s commitment as outlined above, in the context of a residential or mixed-use or residential condominium projects, is sufficient to qualify for the above-referenced credit. While the developer is hopeful that the above commitment will qualify for the credit (in light of the constraints on similar projects), the developer believes it best to seek your guidance and will defer to your ruling. We would also like to confirm if the project is completed and LEED Certification occurs prior to the sale of all units (based on the above commitment of the developer of the project), what are the consequences if (a) the developer assigns a preferred parking space to a buyer who does not currently have a low-emitting and fuel-efficient vehicle because no other parking spaces are available; and (b) an owner or a future owner of a residential unit fails to drive or continue to own a low-emitting and fuel-efficient vehicle.