Ciraulo

BEDSWORTH, Acting P.J.

Joseph and Carole Ciraulo appeal from the trial court's order denying their petition for a writ of mandate. The Ciraulos had sought an order requiring the City of Newport Beach (the City) to grant them a variance from the ordinary strictures of its building code, and thereby allow then to retain the portion of their newly-built home which had been constructed in violation of that code. The Ciraulos argue the trial court's order must be reversed for two reasons: First, they assert the court abused its discretion in denying their request to take limited discovery to augment the administrative record in support of their estoppel claim; and second, they contend the court prepared an insufficient statement of decision.

For its part, the City contends not only that both the trial court's discovery order and its statement of decision were proper, but that the Ciraulos' mandate petition was not timely filed and served, and should have been denied on that basis alone. We affirm the trial court's decision. In our view, the mandate petition was timely, as the applicable statute of limitations was stayed until the City actually served the written notice required by…